Jurors have commenced deliberations in the manslaughter case against Daniel Penny, the Marine veteran accused of fatally choking Jordan Neely on a New York City subway. The incident, which occurred in May 2023, involved Neely, a homeless man with a history of mental illness and drug use, making threats on the subway car. Penny restrained Neely in a headlock, leading to his death by asphyxiation.

Penny's arrival at the Manhattan courthouse on Tuesday was met with protesters demanding a guilty verdict. Inside, Assistant District Attorney Dafna Yoran concluded closing arguments, and the judge subsequently instructed the jury. The maximum sentence for the top charge of manslaughter is 15 years. Penny also faces a charge of criminally negligent homicide.

The jury's instructions included specific guidelines on considering justification in their verdict. They are to consider the lesser charge only if they acquit Penny of manslaughter for reasons other than lack of justification. Conversely, a manslaughter conviction negates a verdict on the lesser charge. If they acquit him of manslaughter due to insufficient proof of unjustified actions, they must also acquit him of criminally negligent homicide. Shortly after beginning deliberations, the jury requested clarification on the concept of justification.

Yoran addressed the protests outside, rejecting the defense's implication that the medical examiner's findings were influenced by the demonstrations. The defense objected, denying any claims of a widespread conspiracy.

Witness accounts described Neely's behavior as erratic and threatening due to his K2 intoxication. Penny cooperated with police at the scene and was initially released. Eleven days later, he was indicted and subsequently surrendered to authorities.

While the medical examiner attributed Neely's death to the chokehold, a defense expert suggested a combination of factors, including drug use, a genetic condition, physical exertion, and mental illness, contributed to the fatality. Despite the protests, Penny's defense fund has surpassed $3.2 million.