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Trial Of Veteran In Subway Chokehold Death Sparks Debate

Daniel Penny leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)

Closing arguments are scheduled for Monday in the trial of a military veteran accused of recklessly choking to death a mentally ill, homeless man during an incident on a New York subway. The defendant, a 26-year-old Marine veteran turned architecture student, has pleaded not guilty to manslaughter and criminally negligent homicide in the May 2023 death of the victim, a former subway and street performer known for his Michael Jackson impersonations.

The case has sparked debate about race relations, public safety, urban life, and differing approaches to crime, homelessness, and mental illness. Witnesses, including subway passengers, police officers, pathologists, and a psychiatric expert, have provided testimony during the month-long trial.

According to witnesses, the victim exhibited erratic behavior, including shouting about needing food and drink, before the defendant subdued him with a chokehold. Some witnesses expressed alarm at the victim's actions, while others were thankful when the defendant intervened.

City medical examiners concluded that the chokehold caused the victim's death, while a pathologist hired by the defense disputed this finding. Prosecutors argue that the defendant used excessive force, disregarding the victim's life, while the defense maintains that the defendant was trying to protect others and that the pressure applied was not consistent enough to be lethal.

Video evidence from bystanders and police body cameras, as well as the defendant's statements to officers, have been presented in court. The defendant explained that he was trying to prevent the victim from harming others and denied any intent to kill him.

The jury will now hear closing arguments from both the prosecution and the defense before deliberating on the charges against the defendant.

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