Penny’s trial revolves around an altercation on the New York City subway in May of 2023 that was recorded and later went viral, leading to Penny being charged with the manslaughter of Jordan Neely, a 30-year-old Black homeless man and former street performer, after a six-minute-long chokehold.

Penny, 26, has said he was protecting fellow subway riders and intended only to restrain Neely and hold him for police, not to hurt him. Prosecutors say the Marine veteran used far too much force for too long when he gripped Neely by the neck for about six minutes.

Jurors are continuing to consider whether ex-Marine Jordan Neely was justified in placing a chokehold on Jordan Neely