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Opening statements set for trial of ex-Marine in New York subway killing

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By Jonathan Allen

NEW YORK (Reuters) – A jury is set to hear opening statements on Friday in the trial of a former U.S. Marine sergeant for fatally strangling Jordan Neely, a homeless man, in a chokehold in a New York subway car in 2023.

Daniel Penny, 26, has pleaded not guilty to charges of manslaughter and criminally negligent homicide. He has said that Neely, a 30-year-old man with a history of mental illness, was threatening passengers before he intervened.

Penny was captured in videos recorded by bystanders putting Neely in a chokehold from behind for several minutes on May 1, 2023, while they rode on a subway train in Manhattan.

The killing gained widespread public attention, with some viewing Neely, who was Black, as a victim of a vigilante, and others, including some Republican politicians, feting Penny as a hero.

Penny, who is white, has said he acted to defend himself and other passengers, and did not intend to kill Neely.

Witnesses have said Neely did not physically threaten or attack anyone before Penny grabbed him. His killing renewed debate about gaps in the city’s systems for homeless and mentally ill New Yorkers.

Penny’s trial began last week with jury selection, and 12 jurors and four alternates were seated on Wednesday.

(Reporting by Jonathan Allen; Editing by Marguerita Choy)

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