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Penny, 26, is facing charges of second-degree manslaughter and criminally negligent homicide in the death of 30-year-old Jordan Neely.

Why is Alkem Laboratories Limited (ALKEM) rising ✌️【Flexible Hours】✌️ Expert predictions with real-time global stock and futures data to help you easily capture market movements. The charges stem from a May 2023 incident in which Neely boarded a subway car in Manhattan andacted erratically and loudly yelled at passengers. Penny grabbed him from behind and kept him in a chokehold for about six minutes, even after Neely stopped moving,prosecutorshave said.

Jurors have to answer whether Penny’s actions were justified. But the trial itself has raised broader questions of mental illness, race relations and the concept of vigilante justice.

Penny faces up to 15 years in prison if convicted of manslaughter or up to four years if convicted of criminally negligent homicide. The judge could also choose not to sentence Penny to prison time, even if he’s convicted.

Even without cameras or recording allowed in the courtroom, the case has been filled with video and audio evidence, including 911 calls, bystander video shot on smartphones, and police body camera footage capturing the chokehold and the moments following.

In closing arguments Monday, the defense argued Penny was acting to protect other passengers from Neely and Neely’s death was not foreseeable.

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“Daniel Penny was the one who moved to protect them. Why? Because he had something the others didn’t, something unique to him. His training,” attorney Steven Raiser said. “Because Danny acted to save those people. And there’s no dispute that when Danny acted, he didn’t know whether Jordan Neely was armed.”

Why is Alkem Laboratories Limited (ALKEM) rising ✌️【Flexible Hours】✌️ Expert predictions with real-time stock trend analysis to help you quickly select high-potential stocks and grow capital. The defense has also challenged the medical determination Neely died from the chokehold and suggested the charges were brought because of “a rush to judgment based on something other than medical science.”

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Prosecutors are “scapegoating this man here, the only guy who was brave enough to stand up when he was needed. The government wasn’t there, the police weren’t there when the people needed help, Danny was. And when he was the one who needed help, no one was there,” Raiser said during his closing argument, which lasted about two hours.

In closings for the prosecution, Dafna Yoran said it was admirable Penny intended to protect fellow passengers but said “he just didn’t recognize that Jordan Neely’s life too needed to be preserved.”

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During Yoran’s closing, she also sought to illustrate Penny’s recklessness by pointing to his apparent lack of remorse in his video-recorded police interview, noting Penny never asks about Neely’s condition.

“There is something else glaringly missing,” Yoran said. “Any regret, any remorse, any self-reflection. He makes it clear that he didn’t intend to hurt Mr. Neely – but he never says he is sorry, he doesn’t care.”

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During jury selection, most potential jurors said they ride the subway frequently and have witnessed outbursts from people acting erratically on the trains. Some said the outbursts made them feel “personally threatened,” while others said they did not.

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Prosecutors called several bystander witnesses to the stand:Some testifiedthey were scared by Neely and relieved when Penny put him in a chokehold. One woman said when Neely entered the subway train, it was the first time in her life she felt like she was going to die.

Defense attorneys declined to call any bystanders who witnessed the subway chokehold, even saying the prosecution’s witnesses were making the case for the defense.

“As this testimony is coming out of the prosecution’s case, there’s actually very little for the defense to do,” Thomas Kenniff, a defense attorney for Penny, told reporters.

Penny served four years in the US Marines as a sergeant, from 2017 to 2021, with his last duty assignment at Camp Lejeune in North Carolina, according to military records.

Defense attorneys called several men Penny served with in the Marines to testify to his character: Nolan Drylie, who served with Penny in the same battalion, said Penny had a reputation for being “above reproach,” and as Marines they were “taught to value life.”

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Penny was a green belt in the Marine Corps martial arts program, where he learned several chokes designed to cut off blood flow to the brain and render someone unconscious, his martial arts instructor in the Marines testified for the prosecution.

Joseph Caballer, the instructor, said after reviewing photos and videos of the chokehold in court Penny incorrectly used a blood choke technique in the restraint of Neely.

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Dr. Cynthia Harris, the medical examiner who performed Neely’s autopsy, found the chokehold caused Neely’s death before reviewing results from several post-mortem tests including a toxicology report. Testifying for the prosecution, she said she had no doubt Neely died from neck compression and any drugs eventually found in his system wouldn’t have changed her mind.

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But a forensic pathologist for the defense countered Harris’ conclusions, saying instead Neely died of a combination of factors including his sickle cell trait, schizophrenia, the struggle and restraint by Penny and K2 intoxication.

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