Daniel Penny, a Marine veteran, was found guilty of using a chokehold on a black man on a New York City subway train, despite his motion for a mistrial.

In court, lawyers for Marine veteran Daniel Penny requested a mistrial on Thursday due to the perceived bias of a witness and an anti-White narrative from Manhattan District Attorney Alvin Bragg's prosecutors.

The defense contended that Penny was not receiving a fair trial and made several objections, asserting that the prosecution was attempting to portray Penny as a "White vigilante" and inappropriately permitted witness Johnny Grima, a homeless man with a conviction for assaulting someone with a bat, to label the defendant a "murderer" from the stand despite not being accused of murder.

Thomas Kenniff, a defense attorney, stated that Penny, a 26-year-old architecture student, had proudly served his country in the Marine Corps before attending a New York City college.

Neely, a 30-year-old man, was described as an "unstable individual" with a history of causing trouble, including the alleged assault of a 67-year-old woman on another subway car.

The gallery observers were prompted to speak up by that remark, but court officers instructed them to be quiet.

Kenniff was informed by Maxwell Wiley that his request was denied, but Wiley acknowledged the intent behind it.

An unemployed 40-year-old from the Bronx, Grima, who works with the homeless and spent 13 months in jail, testified that he poured water on the head of an unconscious Neely when Penny instructed him to stop.

He claimed that Penny was carelessly flinging Neely's limbs around when he repositioned him on the floor after Grima suggested he might choke if left on his back. He did not witness the start of the altercation.

He claimed that it was similar to an abuser abusing someone and preventing others from getting close to the abused person.

Grima's testimony was handled in a way that Penny's defense team objected to.

Wiley stated that although Grima's "bias" was evident to the jury, he still had valuable testimony to offer.

The prosecutors contend that Penny exceeded his bounds when he restrained the belligerent and shouting Neely in a chokehold on a Manhattan subway car following the latter's threats of death. However, the defense asserts that his actions were warranted.

"Paul Mauro, a retired NYPD inspector, stated that since the suspect is not charged with murder, a reckless or negligent standard is sufficient. However, claiming that the suspect was reckless when the victim threatened to kill someone and he was still alive when the police arrived is not accurate. Mauro apologized and emphasized that this was not negligent."

Despite being recognized by police as an emotionally unstable individual, Neely continued to harass the public.

"Mauro stated that the reason the police let him go was due to the evidence found at the scene, which was not sufficient to establish probable cause."

If convicted, Penny could face up to 19 years in prison. The trial, which is expected to last six weeks, has been ongoing for 12 days as of Friday.

Bragg's office did not immediately respond to a request for comment.