(NEW YORK) — Prosecutors with the Manhattan District Attorney’s office are expected to rest their case Monday against Daniel Penny, the Marine veteran who is charged with manslaughter and negligent homicide in the chokehold death of a homeless man aboard a New York City subway car.
Penny, 25, has pleaded not guilty to the charges in Jordan Neely’s death.
Defense attorneys will finish their cross-examination of the medical examiner, Dr. Cynthia Harris, who concluded “there are no alternative reasonable explanations” for Jordan Neely’s death other than Penny’s chokehold.
She is expected to be the last witness for the prosecution, which argued Penny’s chokehold became reckless when he held on too long, beyond the point when Neely represented any kind of threat to subway riders.
Jurors saw a video of Penny demonstrating the chokehold during an interview inside a police precinct.
“He had his back turned to me and I got him in a hold, got him to the ground, and he’s still squirming around and going crazy,” Penny is heard saying.
The defense is expected to shift the focus of the case from Penny to Neely, who had prior arrests, a history of mental illness and drugs in his system.
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