Jury selection is set to commence on Monday in a criminal trial involving a U.S. Marine Corps veteran charged with manslaughter for allegedly applying a fatal chokehold on a man during an incident on a New York City subway last year.

Daniel Penny, now 25, faces accusations of “recklessly causing the death” of Jordan Neely, a 30-year-old former street performer who was reportedly behaving erratically on May 1, 2023, leading to Penny intervening in an attempt to restrain him.

The proceedings in Manhattan are projected to span six weeks, bringing renewed attention to a case that has ignited significant debate and division both locally and nationally. Following the incident, protests erupted, as demonstrators called for Penny’s arrest—highlighting the racial dynamics, with Penny being white and Neely being Black. In contrast, other groups showed support for Penny outside the courthouse after he was charged, further polarizing public opinion. Additionally, the situation garnered attention from Republican presidential candidates, who made it a prominent topic in their campaigns.

Having served four years in the Marines and receiving an honorable discharge in 2021, Penny was released on a $100,000 bond. Should he be found guilty of second-degree manslaughter, he could face up to 15 years in prison, while a conviction for criminally negligent homicide could result in a maximum of four years.

Witnesses described Neely as someone who battled substance abuse, mental health issues, and homelessness, claiming he was shouting and seeking money when Penny approached him. With the assistance of two other passengers, Penny restrained Neely on the ground, maintaining a chokehold for over three minutes until Neely became unresponsive. The medical examiner declared Neely’s death a homicide due to neck compression.

Penny’s legal team contends that he did not intend to kill Neely but aimed to subdue him until police could take over. Penny asserts that Neely threatened him, allegedly shouting that he would kill Penny and expressing he was ready to die or face a life sentence.

Defense attorney Steven Raiser indicated that they would present alternative explanations for Neely’s death, including the presence of high levels of the synthetic cannabinoid K2 in his system at the time of the incident. Additionally, they plan to reference widely circulated video evidence, which they assert demonstrates that Penny did not apply a sufficient amount of pressure to render Neely unconscious or fatal.

On the opposing side, prosecutors assert that Penny’s actions were reckless and negligent, regardless of his intent. The Manhattan District Attorney’s office has opted not to comment before the trial starts.

Family members of Neely, particularly his uncle Christopher Neely, have expressed their anticipation for this trial. “Justice for Jordan is all we think about,” he conveyed last week, underscoring the emotional weight this case holds for the family and community.