Penny is charged in the chokehold death of Jordan Neely on a NYC subway train.
Demonstrators protest ahead of opening statements in Daniel Penny deadly subway chokehold trial, a homeless man who was acting erratically on a New York City subway car, by putting him in a fatal chokehold on May 1, 2023.
To convict, prosecutors must prove Penny's use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Prosecutors do not have to prove Penny intended to kill Neely, which defense attorneys have said Neely did not intend to do.What happened that day
Additionally, some witnesses told police that Neely was yelling and harassing passengers on the train. However, others have said that while Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, according to police sources who spoke with ABC News following the incident.
Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station, according to court records. "After that moment, Mr. Neely's movements are best described as 'twitching and the kind of agonal movement that you see around death,'" prosecutors said.
"This person displays emotion, excitement as he's describing what happened. It's narrative," Wiley said. The defense worried that including evidence that Neely was unarmed could bolster sympathy for the victim but Wiley said it would help the jury decide whether Penny's actions were justified.Members of Neely's family were seated with the spectators for opening statements Friday.
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