(NewsNation) — Daniel Penny, who faces charges in connection to the chokehold death of Jordan Neely on a New York City subway train, will be in court Thursday.
The Marine veteran has pleaded not guilty to second-degree manslaughter and criminally negligent homicide charges. If convicted, Penny faces up to 20 years in prison.
On May 1, the New York Police Department reported that Neely, a street performer who had been experiencing homelessness, boarded the F train in Manhattan and began acting erratically. Penny claims Neely was angry and talking to himself, which prompted him to intervene.
Cellphone footage from those on the train shows Penny putting Neely in a chokehold and holding him down until he stopped moving and breathing. Officers arriving to the scene reported Neely was unconscious and he was taken to a nearby hospital, where he was pronounced dead.
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A medical examiner ruled Neely’s death a homicide due to “compression of neck.”
Attorney Donte Mills, who is representing Neely’s family, previously told “Dan Abrams Live” that Penny had “no authority” to place someone in a chokehold. Mills said Penny was not attacked by his Neely.
“(Penny) knew or should have known that choking him (Neely) for 15 minutes would kill him,” Mills said. “I can’t tell you what was in his mind when he approached him.”
Penny’s attorneys said their client “never intended to harm” Neely and that he was just trying to protect others.
Jury selection in the trial is set to begin Oct. 21.
NewsNation digital producer Caitlyn Shelton contributed to this report.