Opening statements to begin Friday in Daniel Penny trial over Jordan Neely subway death

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Opening statements to begin Friday in Daniel Penny trial over Jordan Neely subway death
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Daniel Penny is charged in the chokehold death of Jordan Neely in a NYC subway.

Former U.S. Marine Daniel Penny arrives at Manhattan Criminal Courtroom for jury selection in his trial for the death of Jordan Neely, Oct. 28, 2024, in New York.The jury was seated Wednesday. The trial is expected to last between four and six weeks, according to Judge Max Wiley.

MORE: As incidents of violent crime by the homeless grab headlines, activists urge caution and solutions Some passengers on the train that day said they didn't feel threatened -- one "wasn't really worried about what was going on" and another called it "like another day typically in New York. That's what I'm used to seeing.

Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station: "Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing against Penny's dismissal request.

"After that moment, Mr. Neely's movements are best described as 'twitching and the kind of agonal movement that you see around death,'" the prosecutor said.

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