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US Veteran On Trial For Fatal Subway Chokehold Incident

Daniel Penny, accused of choking a distressed Black subway rider to death, arrives for opening statements in New York, Friday, Nov. 1, 2024.(AP Photo/Kena Betancur)

Opening statements have begun in the trial of a US military veteran accused of fatally choking a homeless Black man on the New York City subway last year. The case involves complex issues such as subway crime, mental illness, race relations, and vigilante justice.

The defendant, a former Marine named Daniel Penny, faces charges of second-degree manslaughter and criminally negligent homicide in the death of 30-year-old Jordan Neely. Penny maintains his innocence, claiming he acted to protect others.

According to prosecutors, Neely, who was homeless and suffering from mental illness, exhibited erratic behavior on a Manhattan subway train, prompting Penny, who is White, to put him in a chokehold for about six minutes. Neely later died in the hospital, with the medical examiner ruling his death a homicide.

The incident, captured on bystander video, sparked protests and donations to Penny's legal defense fund. The trial has polarized city residents, raising questions about racial dynamics and the treatment of individuals with mental health issues.

Witness testimonies and expert opinions will play a crucial role in the trial, with the defense yet to decide if Penny will testify. The prosecution argues that Penny's actions were unjustified, while Penny's attorney contends he was protecting fellow subway riders from Neely's threatening behavior.

The trial is expected to delve into the circumstances leading to Neely's death, including differing witness accounts of his actions prior to the fatal encounter. Neely, known for his Michael Jackson impersonations, had a history of trauma and was on a list of homeless individuals with acute needs.

The trial has drawn significant public attention, with emotions running high on both sides of the case. The outcome will hinge on whether the jury deems Penny's use of force as justified in the face of perceived threats.

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