The Manhattan jury deciding the fate of Daniel Penny has begun considering whether the 26-year-old former Marine was justified in using deadly force against Jordan Neely.

The 12 jurors, seven women and five men, began deliberations Tuesday after hearing from more than 40 witnesses during the seven-week trial.

Penny is charged with manslaughter and involuntary manslaughter in connection with the death of Neely, a 30-year-old homeless man who performed as a street performer. In May 2023, Neely was placed in a chokehold by the Long Island veteran after he yelled at other passengers that they were hungry in a crowded subway car in New York City. Several minutes of the altercation were captured on video by bystanders and were an important piece of evidence in the trial.

The case sparked a national discussion about public safety but also divided the city’s residents, many of whom had had similar subway experiences and questioned whether bystanders should take on the role of vigilantes when mentally ill individuals struggle.

During closing arguments, Penny’s lawyers argued to the jury that “the government is scapegoating the only man who was willing to step up at the moment he was needed,” while the prosecution told the jury that Penny “gave every sign He had to stop holding Neely back.

“He ignored them,” said Dafna Yoran, an assistant district attorney. “He kept going until a man died. He must be held accountable for this.”

If convicted, Penny faces up to 15 years in prison for involuntary manslaughter or up to four years for involuntary manslaughter.

What was Jordan Neely doing on the subway?

Jurors were shown two eyewitness videos showing the chokehold at the center of the case – one of which was the infamous six-minute video that brought the case into the national spotlight. There was also never-before-seen footage of a high school student shown in court.

Witnesses said Neely began moving erratically, throwing his jacket on the ground and screaming that he was hungry and thirsty after boarding an F train downtown. They said he announced that he didn’t care whether he lived or died and that he wanted to return to prison. Penny and some others heard him say that he was ready to kill too.

Penny, who was already on the train when Neely boarded, approached Neely from behind and put him in a chokehold. As the train pulled into the Broadway-Lafayette Street station, passengers exited, but videos showed that Penny Neely did not let go.

Eric Gonzalez, who was called to the stand during the trial, helped hold Neely’s arms during the altercation. In the video, Gonzalez can be heard saying that Penny didn’t “squeeze” Neely’s neck.

How long was Jordan Neely choked?

Manhattan District Attorney Alvin Bragg’s office claims Penny was “criminally reckless” and went “far too far” when she held Neely for nearly six minutes.

“The tragedy of this case is that although the defendant initially tried to do the right thing, as the chokehold progressed, the defendant knew that Jordan Neely was in great distress and dying, and he continued unnecessarily,” Yoran told the jury.

The city medical examiner who performed Neely’s autopsy testified on behalf of the prosecution that the cause of death was “neck compression (stranglehold).” A separate medical expert who appeared for the defense found that Neely died from a combination of factors, including his sickle cell anemia, schizophrenia, synthetic marijuana use and the restraint exercised by Penny.

“He didn’t die because Danny crushed him to death,” Penny’s attorney, Steven Raiser, told jurors Monday. “He was dying because he was deprived of oxygen internally due to his health.”

Several subway riders said they were very afraid of Neely. One woman said she was “completely terrified” by his rants on the train, while another told the court: “I’ve been taking the tube for 30 years and I’ve seen a lot. I’ve seen a lot of unstable people. That felt different to me.

Newsweek has reached out to Penny’s legal team for comment.