CNN
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A Manhattan jury began deliberating Tuesday in the manslaughter trial of Daniel Penny, the former Marine charged in the chokehold death of a homeless man on a New York subway last year.

Penny, 26, is charged with second-degree manslaughter and involuntary manslaughter in connection with the death of Jordan Neely, a 30-year-old street performer and Michael Jackson impersonator.

According to witnesses, Neely boarded a New York City subway car in May 2023 and yelled at passengers that he was hungry and thirsty and that he didn’t care if he died. Penny grabbed Neely from behind in a chokehold, forced him onto the train floor and held him there for several minutes.

Prosecutors said Penny acted recklessly, while his defense said he acted to protect others from a threat.

Several minutes of the chokehold were captured on video by bystanders, making it the most important piece of evidence in the trial.

The case has polarized New York residents, many of whom have had personal experiences with subway disruptions, and raised far-reaching questions about mental health, race relations and the line between protector and vigilante. Black Lives Matter protesters have added Neely’s name to the list of victims — including right outside the courthouse — while others have praised Penny’s efforts to protect others.

If convicted, Penny could face up to 15 years in prison for involuntary manslaughter or up to four years in prison for involuntary manslaughter. Alternatively, the judge could decide not to sentence Penny to prison.

The twelve-member jury began deliberations on Tuesday shortly after 1 p.m. Less than 90 minutes later, the group sent a message to the court asking it to repeat part of the jury’s instructions for considering the charges against Penny.

In their closing argument Monday, the defense argued that Penny “was justified in the actions he took to protect the other drivers.”

Neely “was on a collision course with himself” and Penny “acted when others couldn’t,” defense attorney Steven Raiser said during his two-hour closing argument.

The defense has also challenged the medical examiner’s determination that Neely died from the chokehold, claiming the charges were brought because of “a rush to judgment based on something other than medical science.”

Prosecutor Dafna Yoran said in her closing argument, which lasted more than three hours over two days, that it was admirable that Penny wanted to protect fellow passengers, but “he just didn’t realize that Jordan Neely’s life also needed to be saved.”

“We are here today because the defendant used far too much force for far too long and far too recklessly,” she said.

The prosecutor told jurors that in rare cases self-defense is legally justified. While Neely might have threatened deadly physical violence on the subway, a reasonable person should have known he was incapable of carrying out the threat, Yoran argued.

She ultimately acknowledged to the jury that it was a difficult case, but said Penny still needed to be held accountable.

“This is a difficult case. “It’s hard to find someone guilty of committing a murder he didn’t intend,” she said.

The trial began Nov. 1 and included testimony, video footage and 911 calls from subway drivers, responding police officers and martial arts and medical experts.

Prosecutors called more than 30 witnesses to the stand, including a man who helped hold Neely’s arms during the fight and testified that he advised Penny to loosen his grip. “I’m going to grab his hands so you can let go,” Eric Gonzalez said he told Penny.

Additionally, Gonzalez was heard in video footage of the incident saying that Penny did not “squeeze” Neely’s neck in the 51 seconds before he released the chokehold. Gonzalez also testified that he initially lied to investigators about what he saw and did on the subway out of fear that he would be “held” for the murder. He testified that prosecutors had promised not to charge him in the case.

Additionally, the Marine Corps martial arts expert who trained Penny in chokeholds testified that Penny was aware that the chokeholds could be fatal.

Several subway riders testified that they were terrified that Neely would attack and were relieved when Penny put him in a chokehold and held him there.

“It was a relief to hold him for the moment, but if he had gotten up, he would have done what he did,” said subway driver Caedryn Schrunk.

The defense’s case focused on highlighting Neely’s threatening behavior, character witnesses from Penny’s time in the U.S. Marines and challenges to the medical cause of Neely’s death.

Penny served as a sergeant in the Marines for four years, from 2017 to 2021, with his most recent deployment to Camp Lejeune in North Carolina, military records show.

The city medical examiner who performed Neely’s autopsy and testified for the prosecution concluded that the cause of death was “neck compression (stranglehold).” However, the defense presented its own medical expert who said Neely died from a combination of factors, including his sickle cell anemia, schizophrenia, fighting and being restrained by Penny, and K2 poisoning.

The jury also saw a video of Penny’s interview with NYPD detectives after Neely’s death.

“I wasn’t trying to hurt him,” Penny said in the video. “I’m just trying to stop him from hurting anyone else. He threatened.”