Jurors have started deliberating in the trial of a military veteran charged with using a fatal chokehold to subdue a man whose behavior was alarming passengers on a New York subway train.
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The 30-year-old Neely, who was Black, sometimes entertained passersby with Michael Jackson impersonations but also struggled with depression, schizophrenia and drug use after his mother was strangled during his teen years. Penny, who is white, was a college architecture student who served four years in the Marines.
Penny came up behind Neely, grabbed his neck and head and took him to the floor. The veteran later told police he'd held Neely in “a choke” and “put him out” to ensure he wouldn't hurt anyone.Penny's lawyers argued that he used what they term a “civilian restraint,” departing from the chokehold technique he'd been taught in the military, in order to control Neely without rendering him unconscious. Prosecutors say Neely had the training to know that what he was doing could kill.
Manslaughter requires proving that a defendant recklessly caused another person's death. The standard entails, among other things, consciously disregarding a substantial and unjustifiable risk that an action will be deadly.
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