NEW YORK– NEW YORK (AP) — Daniel Penny chose not to testify and defense attorneys took their case to him on Friday process in the death of an agitated man he suffocated in a subway train.
Closing arguments are expected after Thanksgiving in the closely watched manslaughter trial over the death of Jordan Neely30.
The encounter between Penny, a white Marine veteran, and Neely, a homeless black man with mental health and drug problems, is involved in American political division about race, public safety, and the ability of cities to deal with mental illness and social ills.
Penny, 26, has pleaded not guilty. Many defendants do not take the stand, and juries are routinely instructed that they cannot keep defendants’ silence — a constitutional right — against them.
One of Penny’s attorneys, Daniel Kenniff, noted after court that jurors did hear from Penny, in the form of his recorded statements to police minutes and hours after he put Neely in a chokehold.
“Virtually everything he said at that time is consistent with the credible testimony of his fellow passengers,” Kenniff said.
Penny told police he put his arm around Neely’s neck, put him on the ground and “kicked him out” because he was angrily throwing things and making threatening comments. Penny said on police video that he didn’t want to hurt Neely, but wanted to avoid hurting anyone else.
Several other passengers testified that they were afraid of Neely and were relieved when Penny grabbed him.
However, a man who later intervened and held Neely’s arms told jurors that he urged Penny to let go, but the veteran continued to strangle Neely for a while.
Prosecutors say Penny wanted to protect people but recklessly used too much force, overlooked Neely’s humanity and made no effort to spare his life.
City medical researchers ruled that the chokehold killed Neely. A pathologist hired by Penny’s defense disputed that finding.
Prosecutors, defense attorneys and the judge will meet Monday to work out jury instructions.