The subway chokehold trial's closing arguments begin with Daniel Penny's return to court.

The Jordan Neely case continues after the Thanksgiving holiday.

The subway chokehold trial's closing arguments begin with Daniel Penny's return to court.
The subway chokehold trial's closing arguments begin with Daniel Penny's return to court.

The subway chokehold trial of Daniel Penny will resume on Monday, with lawyers anticipated to deliver their closing arguments following a Thanksgiving holiday pause.

A 26-year-old architecture student and Marine Corps veteran could receive up to 15 years in prison if found guilty of manslaughter for the death of Jordan Neely, a 30-year-old mentally ill homeless man who was under the influence of synthetic marijuana when he entered a subway car and threatened the passengers.

At the time of his arrest, Neely had a warrant and a criminal history, as well as schizophrenia.

Daniel Penny arrives at the Manhattan Criminal Courthouse building
Daniel Penny arrives at the Manhattan Criminal Courthouse building in New York City on Monday, Nov. 25, 2024. Closing arguments are set to begin in Penny’s trial on Monday, as the Marine veteran faces manslaughter charges for the 2023 chokehold death of Jordan Neely. (Rashid Umar Abbasi for Planet Chronicle Digital)

Nearly two weeks after being questioned by responding officers without being informed of Neely's death, Manhattan District Attorney Alvin Bragg's office secured an indictment against Penny, who subsequently turned himself in.

The prosecution presented a diverse group of witnesses who testified that Neely was making death threats during a subway outburst that exceeded the typical outbursts seen on the city's public transit system.

Steven Raiser, the defense attorney, is predicted to deliver his closing argument, which is expected to last approximately two hours. However, Bragg's office has declined to disclose how long their final statement might take.

After the arguments, Judge Maxwell Wiley is expected to provide detailed instructions to the jury before their deliberations, as the defense raised objections to how Bragg's office handled the case, which the judge acknowledged early on raised "bias" concerns.

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)

Neely was put in a chokehold by Penny after he began making death threats and became belligerent and shouting on a Manhattan subway car, according to prosecutors.

Despite Penny not being accused of a hate crime, prosecutors emphasized the racial aspect of the case in court. They permitted one witness to repeatedly refer to Penny as "the White man" and another to label him a "murderer," even though no murder charges were filed in relation to the case.

Dafna Yoran, the Assistant District Attorney, mentioned "homicide" during the trial, prompting Wiley to instruct the jury to disregard the term, as it has different meanings for a medical examiner, a lawyer, and a juror.

In 30 years of subway riding, Lauri Sitro has seen many unstable individuals, but this experience "felt different."

A witness speaks during the Daniel Peny trial into the chokehold death of Jordan Neely
A court sketch depicts Arethia Gittings giving testimony in Daniel Penny’s trial at Manhattan Supreme Court in New York City on Friday, Nov. 8, 2024. Penny, a Marine veteran, is on trial for the 2023 death of Jordan Neely on the New York City subway. (Jane Rosenberg)

"During cross-examination, she stated, "I was scared for my son. It's not like you can take a 5-year-old and run to the next train. I felt very relieved when Daniel Penny had stopped him from moving around sporadically.""

Several women, including Ivette Rosario and Arethia Gittings, testified in court that Neely scared them when he entered the train, making threats and violently tossing his jacket.

According to Gittings, Neely did not appear to be surrendering during the incident, and Penny and the other men were holding him down. Gittings also stated that Neely was particularly frightened after experiencing prior attacks on subway cars. Furthermore, Gittings testified that Penny was not applying pressure to Neely's neck but was attempting to keep him still until officers arrived.

A witness speaks during the Daniel Peny trial into the chokehold death of Jordan Neely
A court sketch depicts Laurie Sitro giving testimony in Daniel Penny’s trial at Manhattan Supreme Court in New York City on Friday, Nov. 8, 2024. Penny, a Marine veteran, is on trial for the 2023 death of Jordan Neely on the New York City subway. (Jane Rosenberg)

She testified to thank Mr. Penny for his actions in the worst scenario.

Caedryn Schrunk, a Nike brand manager, testified that Neely boarded the train and filled the car with the odor of "soiled sweatpants."

She testified that she was terrified of imminent death in that instant.

Penny is accused of both manslaughter and criminally negligent homicide. To be convicted of manslaughter, the jury must determine that Penny acted with "recklessness." For the lesser charge of criminally negligent homicide, the jury must prove that Penny acted with "negligence."

by Michael Ruiz

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