8 months ago
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(NewsNation) — Daniel Penny, who faces charges successful transportation to the chokehold decease of Jordan Neely connected a New York City subway train, volition beryllium successful tribunal Thursday.
The Marine seasoned has pleaded not guilty to second-degree manslaughter and criminally negligent homicide charges. If convicted, Penny faces up to 20 years successful prison.
On May 1, the New York Police Department reported that Neely, a thoroughfare performer who had been experiencing homelessness, boarded the F bid successful Manhattan and began acting erratically. Penny claims Neely was aggravated and talking to himself, which prompted him to intervene.
Cellphone footage from those connected the bid shows Penny putting Neely successful a chokehold and holding him down until helium stopped moving and breathing. Officers arriving to the country reported Neely was unconscious and helium was taken to a adjacent hospital, wherever helium was pronounced dead.
A aesculapian examiner ruled Neely’s decease a homicide owed to “compression of neck.”
Attorney Donte Mills, who is representing Neely's family, antecedently told “Dan Abrams Live" that Penny had “no authority” to spot idiosyncratic successful a chokehold. Mills said Penny was not attacked by his Neely.
“(Penny) knew oregon should person known that choking him (Neely) for 15 minutes would termination him," Mills said. "I can’t archer you what was successful his caput erstwhile helium approached him."
Penny’s attorneys said their lawsuit “never intended to harm” Neely and that helium was conscionable trying to support others.
Jury enactment successful the trial is acceptable to statesman Oct. 21.
NewsNation integer shaper Caitlyn Shelton contributed to this report.
