The case of Daniel Penny is set to move to the deliberation stage after attorneys disputed key details of the trial.

Prosecutors scored some points when cross-examining a final defense witness about the manner in which Jordan Neely died while Penny held him in a chokehold.

The trial of Daniel Penny, the former Marine charged in the death of a menacing homeless man aboard a New York City subway car, is on hold until after the Thanksgiving holidays, with closing arguments in the case expected when proceedings resume in Manhattan on Dec.

A forensic pathologist disputes a New York City medical examiner’s determination that former Marine Daniel Penny killed another man by placing him in a chokehold on a subway train last year.

Sanchez’s 911 call was one of several that prosecutors aired during their case against Daniel Penny, the former Marine who put homeless street artist Jordan Neely in a fatal chokehold on a New York City subway in May 2023. Later, Sanchez took cell phone video of first responders treating Neely, who appeared limp and non-responsive.

The testimony came as defense lawyers to put the homeless man's mental health history at the center of the second-degree manslaughter and criminally negligent homicide case against Daniel Penny, a West Islip native.

On Dec. 22, 1984, four black teenagers approached electronics specialist Bernhard Goetz, 37, on the New York City subway. After one of them said, “Give me five dollars,” Goetz pulled out a five-shot revolver and opened fire, injuring all four. Of these, one suffered a severed spinal cord, paralyzing him.

Attorney Andrew Stoltmann discusses the latest headlines from the Daniel Penny trial and Jussie Smollett’s overturned conviction on ‘Fox News Live.’

Daniel Penny has chosen not to testify at his trial in the death of an agitated man he choked on a subway train.