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In their opening statement, the defense said while Penny held Neely in a chokehold, Penny did not squeeze him with force the entire time. Lawyers for Penny plan to argue Neely did not die from Penny’s chokehold, but rather a combination of other factors including Neely’s alleged drug use.

Penny, 26, is facing second-degree manslaughter and criminally negligent homicide charges in Neely’s death in May 2023. He has said his actions were an attempt to protect people on the subway.

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Pennysurrendered to policeon a manslaughter charge nearly two weeks after Neely’s death, and theManhattan District Attorney’s Office announced an indictmentat the end of the following month.

“Jordan Neely took his last breaths on the dirty floor of an uptown F train,” Manhattan prosecutor Dafna Yoran said Friday in her opening statement. “At the time he died he was 30 years old, homeless, suffering from mental illness.”

“We pass people like Jordan Neely every day in New York City, on our way to the store, on our way to work, on our way back.” Yoran continued. “We are trained not to engage, to pretend that they are not there.”

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In response, “The defendant Daniel Penny took it upon himself to neutralize him. He wrapped his legs around Mr. Neely’s body and held him there. Seconds later the train arrived at the train station,” Yoran said. “With no one left to protect, the defendant nonetheless kept Mr. Neely in a deadly chokehold for an additional 5 minutes and 53 seconds.”

Penny has specialized training in chokeholds, “so he knew that continuing to choke Mr. Neely once he had already passed out could and would lead to his death,” Yoran said, detailing the defendant’s military background.

“His indifference towards Mr. Neely – the man whose life he was literally holding in his hands - caused him to disregard basic precautions, in contravention of the law and human decency.”

“He went and picked up his hat that had fallen off, he dusted himself off and then he stood over Mr. Neely, waiting for the police.”

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Yoran detailed some of the evidence that will be presented to the jury, including video captured by journalist Juan Alberto Vasquez, calling it the “single most important piece of evidence.” Yoran warned jurors will see Neely’s “life being snuffed out.”

Defense Attorney Thomas Kenniff in his opening statement told jurors Penny was responding to a threat on the subway when he moved to restrain Neely and put him in a chokehold.

Kenniff said “seething, psychotic Jordan Neely” displayed “unhinged rage,” causing the passengers on the train – men, women and children – to cower in fear.

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“At that moment Danny sees a mother barricading her son behind a stroller just as Mr. Neely appears to go for them,” Kenniff said. “(Danny) hears the words, ‘I will kill.’ When Jordan Neely threatened to kill, there was only one thing Daniel Penny could do.”

In a nod to the evidence in the case, as well as their defense strategy, Kenniff said while Penny held Neely in a chokehold, he did not “squeeze him” the entire time, noting that Neely never appeared to be choking and he did not say he couldn’t breathe.

Kenniff said evidence will show Neely did not die from the chokehold but rather from cardiac arrest caused by the use of drugs and likely the “excitement” of the event.

Penny took actions “anyone of us” would want someone to take, Kenniff added. “You stand up and protect thy neighbor. That’s what Daniel Penny did.”

Before opening statements, Penny, dressed in a navy blue suit, light blue shirt and dark tie, could be seen saying “good morning” to court staff before taking a seat at the defense table. Neely’s father along with other supporters are sitting in the back of the courtroom.

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“Anything you should hear outside the courtroom has nothing to do with this,” Wiley said. “If you hear people expressing opinions outside this court, ignore them.”

Body camera video from the first responding officer was introduced Friday as the initial piece of evidence in the trial. The several-minute-long video shows Neely lying motionless on the ground, his body limp, as more officers arrive at the scene. The officers check for Neely’s pulse and eventually move to render aid.

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What is the short term outlook for B.L. Kashyap and Sons Limited (532719) ✌️【Smart Picks】✌️ Real-time global stock trend and futures data to help you plan investment strategies for long-term returns. Tejada testified he checked Neely for a pulse. Initially he said he felt a “faint pulse” later on the stand, he said when checked again, Neely did not have a pulse. Other officers provided similar testimony. Tejada said as he was trying to aid Neely he did “sternum rubs” while another officer also checked for Neely’s pulse and began shouting at him as if trying to rouse him from sleep.

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Johnson can be seen on video administering Narcan to Neely. During his testimony, the officer said although he did not know if Neely was a drug user, he administered Narcan while operating under the assumption he was a homeless person and a likely drug user who was possibly overdosing.

“I came in, we checked Mr. Neely, gave him some Narcan and I asked Mr. Penny what happened,” Johnson said.

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What is the short term outlook for B.L. Kashyap and Sons Limited (532719) ✌️【Smart Picks】✌️ Expert predictions with real-time stock, futures, and metals, energy data to help you quickly recover and grow. At jury selection over the last two weeks, most jurors said they ride the subway frequently and have witnessed outbursts from people acting erratically on the trains. Some said these outbursts made them feel “personally threatened,” while others said the outbursts did not.

Penny has said Neely was acting in a threatening manner, and hisattorneys have saidthey are confident a jury will find his actions were “fully justified.” Penny, who is out of jail on a $100,000 bond, faces up to 15 years in prison if convicted of manslaughter and up to 4 years if convicted of criminally negligent homicide.

Jeremy Saland, a former prosecutor for the Manhattan District Attorney’s Office, said the case touches on a lot of major issues and emotions.

“This is something that is relatable to so many people and that’s why it’s enraged the passion on both sides, from ‘Leave Penny alone, all he was doing was protecting the lives of fellow subway riders,’ and on the flip side, ‘He needs to be held accountable for taking the life of another person.’”

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Penny then came up behind Neely and put him in a chokehold, and the two fell to the ground and remained there for several minutes. When police arrived at the subway station in Lower Manhattan before 2:30 p.m., they administered first aid to an unconscious Neely.

In acourt filing, prosecutors said witness accounts differed about Neely’s exact words and actions prior to the chokehold. While a few witnesses stated they were fearful of Neely, others felt differently, including one person who described the moment as being “like another day typically in New York.”

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“Many witnesses relayed that Mr. Neely expressed that he was homeless, hungry, and thirsty. Most recount that Mr. Neely indicated a willingness to go to jail or prison,” the prosecutor wrote in the filing.

Penny told police Neely was “irate” and “threatening everybody” and others on the train were afraid, according tocourt records filed last June. “I just put him out. I just put him in a chokehold,” Penny said.

Penny also told theNew York Posthe was “deeply saddened by the loss of life” and the incident “had nothing to do with race.”

Penny is a veteran who served in the US Marines, according to law enforcement and military records. He was a sergeant and served from 2017 to 2021, and his last duty assignment was at Camp Lejeune in North Carolina, military records show.

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Donte Mills, the attorney representing Neely’s family, said the street performer’s loved ones have not moved on from the subway killing and they never will.

“The fact of the case is this: Someone got on the train and was screaming, and someone choked that person to death,” Mills said in a news conference October 21. “Those things will never balance out, and there’s no justification that can make those things balance out.”

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“Was that threat real and imminent? We’re basing that on a reasonable person’s standard here,” Saland said. “This is why it’s not just going to rest on what Penny says but what these other people said in terms of their observations of what occurred.”

【 - Free Stock Investment Discussion Area 】’s Rebekah Riess, Jessica Xing, Ray Sanchez, Sharif Paget and Veronica Stracqualursi contributed to this report.

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