(NewsNation) — Opening arguments in the Daniel Penny trial began Friday morning, with both prosecution and defense laying out their arguments in the case.
It’s also possible some witnesses will be called.
Penny is accused of killing a mentally ill homeless man, Jordan Neely, while riding the New York City subway.
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Jury selection in the trial took eight days, and of the jury, five are men, seven are women.
During the selection process, the defense questioned them. All of the jurors ride the train, and many have seen outbursts before, which is important for the defense.
Outside of the court, protesters gathered. Hawk Newsome, co-founder of New York’s Black Lives Matter organization, spoke out against jury deliberations.
“The majority of the people who defense council struck from the jury were Black,” he said. “Five Black people, two Latinos, and one Asian. In the whole island of Manhattan, you got one Black man who is on the jury, no more.”
Penny said Neely was threatening to kill everyone on the train, according to court documents, and that he was willing to go to prison for the rest of his life.
Penny said he sprang into action, pinning Neely to the ground and putting him in a chokehold for several minutes.
The former Marine’s lawyers argue he acted in self-defense.
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Prosecutors say Penny’s intention was a good one, but he went too far and used excessive force.
Penny’s attorneys have said they want the jurors to understand, from his perspective, what it felt like to be in that stressful situation, confined in a small box with no ability to run away.
They say they will introduce Neely’s mental health issues and that he was high on the drug K2 at the time. They also say the video of the incident is their best piece of evidence.
Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide. He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.
The trial is expected to last at least a month.