Closing arguments begin in trial of veteran charged in NYC subway chokehold death
NEW YORK (WABC) -- Closing arguments have begun in the trial of a Marine veteran charged with recklessly choking to death an irate, homeless man on a New York subway train.
A "violent and desperate" Jordan Neely entered the uptown F train May 1, 2023 "filled with rage and not afraid of any consequences," causing passengers to be "frozen with fear" before Daniel Penny "acted to save those people," a defense attorney said Monday during closing arguments at Penny's manslaughter and negligent homicide trial.
The defense attorney, Steven Raiser, asked jurors to imagine they were on the train that day, conjuring the scene with sound effects of closing doors, a train pulling out of a station and police body camera footage of passengers saying Neely "scared the living daylights out of everybody."
Penny is seated at the defense table in a brown suit and blue dress shirt. He faces up to 15 years in prison if he's convicted of manslaughter. There is no minimum sentence.
The courtroom is packed and stuffy. "Welcome to the hot courtroom," Judge Maxwell Wiley said to jurors as they took their seats.
In its summation, the defense challenged the prosecution's assertion that Penny held Neely in a chokehold for "way too long," and did not let go for almost six minutes. Raiser said Penny did not intend to kill Neely but did not let go because Neely was fighting back.
"Of course he didn't. He had to remain in place out of fear that Neely would break free," Raiser said.
The city medical examiner concluded Penny's chokehold killed Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.
"The burden is on them to prove the case beyond a reasonable doubt," Raiser said, pointing at the prosecution table.
The proceedings began late so the defense could fix two audio exhibits. The prosecutors complained the defense had "willy nilly edited" the audio and "taken out what they don't like." Assistant district attorney Dafna Yoran said it would be misleading for the jury to hear an edited excerpt.
"Certainly they just can't play it like that," Yoran said.
The judge agreed and the defense recut the exhibits, so jurors are clear they're hearing edited portions.
The delay means the jury will likely not begin deliberations until Tuesday. If necessary, the judge asked jurors to consider continuing their deliberations Wednesday, when the trial did not sit.
(The Associated Press contributed to this report.)
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