The jury in the Jordan Neely subway chokehold trial begins deliberations.

If convicted of manslaughter, Penny could face up to 15 years in prison.

The jury in the Jordan Neely subway chokehold trial begins deliberations.
The jury in the Jordan Neely subway chokehold trial begins deliberations.

The jury is now deliberating on the manslaughter charges against Daniel Penny, a 26-year-old Marine veteran, for allegedly recklessly choking out Jordan Neely, a 30-year-old homeless man who entered a Manhattan subway car shouting threats.

On Tuesday morning, the Manhattan courthouse saw the final day of prosecutors' closing arguments, with protesters outside chanting "Guilty!" through a megaphone.

Video footage shows Penny, surrounded by his legal team, adjusting his suit jacket and maintaining a direct gaze, disregarding the protesters and journalists present outside the courthouse.

After finishing her closing arguments, Dafna Yoran, Assistant Manhattan District Attorney, took a break before the judge read jury instructions.

Daniel Penny arrives at court in New York City for the trial in the chokehold death of Jordan Neely on a New York City Subway car
Daniel Penny arrives at Manhattan Supreme Court in New York, NY on Tuesday, December 3, 2024. Closing arguments are expected to finish today in his second-degree manslaughter and criminally negligent homicide trial for in the 2023 death of Jordan Neely on a New York City subway train. (Rashid Umar Abbasi for Planet Chronicle Digital)

If convicted on the charge of manslaughter, Penny could face a maximum of 15 years in prison. Additionally, he is accused of criminally negligent homicide.

As Yoran wound down, she addressed the protesters outside.

""The defense claims that the chief medical examiner of New York would participate in fraud due to the presence of a few protesters outside, which is completely absurd and insulting," she stated."

The judge was informed by the defense that no mass conspiracy was ever alleged.

Prosecutor Dafna Yoran departs Daniel Penny’s trial at the Manhattan Supreme Criminal Court
Prosecutor Dafna Yoran departs Daniel Penny’s trial at the Manhattan Supreme Criminal Court building in New York City on Monday, December 2, 2024. (Julia Bonavita/Planet Chronicle Digital)

In May 2023, Neely was under the influence of K2, a synthetic marijuana that causes effects similar to cocaine. He suffered from paranoid schizophrenia, had a history of criminal offenses, and had an outstanding arrest warrant.

He boarded the train, discarded his jacket on the floor, and started issuing lethal threats, stating that he was not scared of passing away, returning to prison, or spending eternity behind bars.

Penny wrestled the man to the ground with the help of another passenger after grabbing him from behind in a headlock. He remained at the scene and spoke with police voluntarily. Eleven days later, Manhattan District Attorney Alvin Bragg's Office announced an indictment and Penny turned himself in.

Jordan Neely is pictured before going to see the Michael Jackson movie
Jordan Neely is pictured before going to see the Michael Jackson movie, "This is It," outside the Regal Cinemas on 8th Avenue and 42nd Street in Times Square, New York, in 2009.  (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

The City Medical Examiner's Office determined Neely's death as a homicide due to asphyxiation caused by the chokehold, but a defense expert, Texas forensic pathologist Dr. Satish Chundru, argued that the cause of death was a combination of Neely's drug use, a genetic condition known as sickle cell trait, the physical exertion from the struggle with Penny, and his severe mental illness.

Although a crowd of enraged demonstrators gathered outside, Penny's defense fund has surpassed $3.2 million, with contributions still being made as late as Tuesday morning.

by Michael Ruiz

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