Jury to Decide Whether Daniel Penny was Justified in Using Chokehold on Jordan Neely

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Jury to Decide Whether Daniel Penny was Justified in Using Chokehold on Jordan Neely
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The 12 jurors, seven women and five men, began deliberations on Tuesday.

The Manhattan jury deciding the fate of Daniel Penny has begun deliberating whether the 26-year-old former Marine was justified in using deadly force against Jordan Neely.The 12 jurors, seven women and five men, began deliberations on Tuesday after hearing from more than 40 witnesses over the trial's seven weeks.Penny is facing manslaughter and criminal negligent homicide charges in the death of Neely, a 30-year-old homeless man who performed as a street artist.

Witnesses said Neely began moving erratically, throwing his jacket on the floor and yelling about being hungry and thirsty after boarding an uptown F train. They said he proclaimed that he didn't care if he lived or died and that he wanted to return to jail. Penny and some others heard him say he was also ready to kill.Penny, who was already on the train when Neely boarded, approached Neely from behind and put him in a chokehold.

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