Jurors are expected to hear closing arguments Monday in the Daniel Penny manslaughter and negligent homicide case.
Penny, 25, is charged with manslaughter and negligent homicide in the May 2023 New York City subway chokehold death of Jordan Neely, 30, a homeless man. Neely was acting erratically in a subway car when Penny put him in the chokehold that led to his death. He pleaded not guilty.
The case has raised questions about safety, race, mental illness and homelessness.
Prosecutors said Penny may be an "honorable veteran" who had "laudable" intentions to protect his fellow F train passengers from a ranting, threatening Neely but went "way too far," holding Neely around the neck for nearly six minutes, past the point when he posed a threat. Video seen publicly for the first time at trial showed police discovering a muffin inside Neely's pocket but no weapon.
The medical examiner who conducted Neely's autopsy testified that Penny's chokehold caused Neely's death. A Marine martial arts trainer testified that Penny did not follow his training.
"He was aware of the risk his actions would kill Mr. Neely and did it anyway," Assistant District Attorney Dafna Yoran said in her opening statements. "Jordan Neely took his last breaths on the dirty floor of an uptown F train."
"Under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary and for only as long as is absolutely necessary. And here, the defendant went way too far," she later continued.
The second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally, according to prosecutors.
The defense argued Penny did not mean to kill Neely and questioned the findings of the official autopsy, presenting an alternate version that suggested a genetic condition or drug use contributed to Neely's death.
Neely died from "combined effects" of his schizophrenia, synthetic marijuana, a blood condition and his efforts to struggle against Penny, forensic pathologist Satish Chundru testified, according to The Associated Press.
Some eyewitnesses testified they were scared of Neely, whose behavior they said was more than an outburst commonly heard on the subway. Other eyewitnesses said they warned Penny his chokehold could kill and urged him to let go.
Penny's defense attorney, Thomas Kenniff, argued Penny sought to protect passengers, and claimed he was responding to Neely's "unhinged rage."
"This is a case about a young man who did for others what we would want someone to do for us," Kenniff said. "It doesn't make him a hero, but it doesn't make him a killer."
Penny did not testify, but jurors heard his voice on several videos played in court, including one in which he explained to police he was trying to de-escalate the situation. He was also heard describing Neely as a "crackhead," which prosecutors argued was his way of failing to see Neely's humanity.
Following closing arguments, the judge will instruct the jury, after which deliberations will begin.