Daniel Penny, a 24-year-old retired Marine, faces charges of second-degree manslaughter and criminally negligent homicide in connection with the chokehold death of Jordan Neely, a 30-year-old former Michael Jackson impersonator, on a Manhattan subway in May 2023.

Prosecutors allege that Penny recklessly caused Neely's death by applying a chokehold for approximately six minutes, even after Neely had stopped moving.

The case has sparked nationwide debate, raising issues of race and whether Penny acted as a good Samaritan or engaged in racist vigilantism, given that he is white and Neely was Black.

The incident has led to significant public outcry, with protests demanding justice for Neely and better treatment for the homeless and mentally ill in New York City.

Judge Maxwell Wiley has ordered the videos related to the incident to be sealed while he considers their admissibility in the trial, which is set to begin with jury selection on October 21.

A pretrial hearing involved discussions about evidence, including body camera footage and Penny's police interrogation, which prosecutors want to include in the trial.

Penny has pleaded not guilty to the charges, asserting that he was attempting to deescalate a threatening situation involving Neely, who was reportedly shouting and begging for money.

Penny's defense argues that his actions were justified due to Neely's threatening behavior, which included claims that 'someone is going to die today.'

Penny was initially treated as a witness after the incident and was allowed to leave following questioning, but he was arrested two weeks later amid public outrage.

Penny stated, 'I'm not trying to kill the guy. I'm just trying to de-escalate the situation,' emphasizing his intent during the confrontation.

During a court hearing, NYPD detective Michael Medina testified that Penny was not informed of Neely's death when he waived his Miranda rights and agreed to speak with detectives.

If convicted, Penny could face a prison sentence ranging from five to 15 years for manslaughter and up to four years for negligent homicide, and he is currently out on $100,000 bail.