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Hero or vigilante? Jury now deliberates fate of Marine vet in New York subway chokehold case

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NEW YORK, NEW YORK - DECEMBER 03: Daniel Penny returns to the courtroom after a break during his trial at Manhattan Criminal Court on December 03, 2024 in New York City. Closing arguments have ended and the jury is expected to deliberate in the trial in trial of Penny, 26, a former Marine, who is charged in the death of Jordan Neely by choking him during an altercation involving panhandling on a New York City subway car. (Photo by Michael M. Santiago/Getty Images)

Jurors began deliberations Tuesday in the trial of Daniel Penny, the Marine veteran accused of manslaughter and criminally negligent homicide in the subway chokehold death of Jordan Neely. At the heart of the case is whether Penny acted in self-defense or used excessive force.

Defense Argues Rush to Judgment

In their closing arguments Monday, Penny’s defense team urged jurors to put themselves in the position of passengers on that subway train. They argued that the charges against Penny were a result of public pressure and media scrutiny, not evidence. The defense described the case as a “rush to judgment” by the Manhattan District Attorney’s office, suggesting protests influenced the decision to file charges.

Prosecution: Penny Went Too Far

Prosecutors conceded that Penny was initially justified in using physical force but argued he exceeded reasonable limits by maintaining the chokehold even after the train arrived at a station and passengers disembarked. They emphasized that Penny’s actions crossed the line into criminal behavior, wrapping up their arguments Tuesday morning.

Weeks of Testimony and High Stakes

Jurors have spent weeks hearing testimony from passengers, law enforcement, and medical experts. Manhattan District Attorney Alvin Bragg was in attendance Monday, underscoring the case’s significance.

Penny, who has pleaded not guilty, faces up to 15 years in prison if convicted of the manslaughter charge. However, the judge could also opt for a sentence without prison time. The case has sparked widespread debate over self-defense, public safety, and the use of force in tense situations.

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