Attorneys for Daniel Penny have rested their case in his trial for manslaughter and criminally negligent homicide in the chokehold death of Jordan Neely on the New York City subway. Neely, a homeless man and Michael Jackson impersonator, had a history of mental illness and was killed by Penny, a former Marine, after behaving erratically on a subway train. Prosecutors argue that Penny’s actions turned criminal when he continued to choke Neely, even after he was no longer a threat. The case has sparked conversations about race relations, public safety on the subway, and mental health and homelessness in the city.
Penny’s defense claims he acted in self-defense and did not intend to kill Neely, pointing to expert testimony that Neely’s death was caused by a combination of factors, including drug use and a medical crisis. New York City medical examiner Dr. Cynthia Harris, a prosecution witness, concluded that Neely died from Penny’s chokehold. Penny’s defense called witnesses to refute Harris’s findings and to support Penny’s character.
The trial has included testimony from over 30 witnesses, including bystanders who witnessed the incident on the subway. Prosecutors have challenged the defense’s expert testimony and presented police body-camera footage contradicting claims that Neely was breathing after Penny released him. The jury is expected to hear closing arguments and begin deliberations following Thanksgiving. If convicted of manslaughter, Penny could face up to 15 years in prison.
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