Closing arguments are expected to begin Dec. 2.
Former U.S. Marine Daniel Penny arrives with his mother Gina Flaim Penny at Manhattan Criminal Court in New York, on Nov. 19, 2024.Penny put Jordan Neely, 30, a homeless man, in a fatal 6 minute-long chokehold after Neely boarded a subway car acting erratically.
"He was aware of the risk his actions would kill Mr. Neely and did it anyway," Assistant District Attorney Dafna Yoran said in her opening statements. "Jordan Neely took his last breaths on the dirty floor of an uptown F train.” Penny claims to have heard Neely say "I will kill," said Kenniff, who has said there was no opportunity for his client to de-escalate or stop Neely from the harm he was threatening.
On the first day of the trial, the jury saw the officer's body-worn camera footage that captured the attempts to save Neely and showed his lifeless body on the subway floor. The defense used Tejada's testimony to suggest to the jury Penny did not behave like a criminal by fleeing the scene.a witness can be heard
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