NEW YORK (AP) 鈥 Jury selection was set to begin Monday in the criminal trial of the U.S. Marine Corps veteran charged with manslaughter for placing a man in a deadly chokehold on a New York City subway train last year.
, now 25, is accused of 鈥渞ecklessly causing the death鈥 of Jordan Neely, a 30-year-old former street performer who witnesses say was acting erratically on the train on May 1, 2023, when Penny moved to restrain him.
The Manhattan court proceedings, which are expected to last six weeks, will place a spotlight back on a case that sparked debate and division locally and across the country.
Protesters took to the streets to demand that authorities arrest Penny 鈥 who is white; Neely was Black 鈥 while others rallied in support outside the courthouse once he was charged. The case also among Republican presidential hopefuls.
Penny, who in the Marines before being discharged in 2021, has been free on a $100,000 bond. He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.
Witnesses to the incident said Neely 鈥 who had struggled with drug addiction, mental illness and homelessness 鈥 had been shouting and demanding money when Penny approached him.
Penny with the help of two other passengers, and placed him in a chokehold for more than three minutes until Neely鈥檚 body went limp. The medical examiner鈥檚 office ruled the death a homicide caused by compression of the neck.
Penny鈥檚 lawyers have argued that the Long Island native didn鈥檛 intend to kill Neely, just to hold him down long enough for police to arrive. Penny has claimed Neely shouted, 鈥淚鈥檓 gonna鈥 kill you鈥 and that he was 鈥渞eady to die鈥 or go to jail for life.
Penny鈥檚 attorney, Steven Raiser, said the defense plans to offer up other potential causes for Neely鈥檚 death, including high levels of the synthetic cannabinoid known as K2 found in his body.
They鈥檒l also argue that video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.
Prosecutors, in their court filings, have argued that Penny鈥檚 actions were reckless and negligent even if he didn鈥檛 intend to kill Neely. Manhattan District Attorney Alvin Bragg鈥檚 office declined to comment ahead of the trial.
Neely鈥檚 uncle, Christopher Neely, said he and other family members have been anticipating this moment.
鈥淛ustice for Jordan is all we think about," he told The Associated Press last week.
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