Daniel Penny's defense concluded its case without calling the Navy veteran to the stand

This Friday, Nov. 22, attorneys forDaniel Penny concluded their case in the involuntary manslaughter trial by focusing on testimony about an outstanding warrant for the arrest of Jordan Neely. The defense also decided not to call the Navy veteran to the stand, who is accused of going too far in his nearly six-minute choke hold on Neely in the New York subway on May 1, 2023.

The decision by Penny not to testify, a legal strategy that can be both productive and unproductive, means the jury will not hear the defendant's side of the choke hold firsthand.

According to dozens of witnesses, Neely had made an "unhinged" and threatening speech against Manhattan F train riders before Penny intervened by performing a choke hold on the man, who ended up dying of asphyxiation, according to the autopsy.

"This jury has heard from Mr. Penny. They heard from him before he had the opportunity to have an attorney. They heard him in the minutes and hours after this incident," his attorney, Thomas Kenniff, told reporters, referring to a video where Penny explains to detectives thathe intervened because he thought Neely might endanger the physical integrity of the passengers.

The involuntary manslaughter case of Neely, a homeless man known for being a Michael Jackson impersonator and having a history of mental illness, has divided New York City and sparked a major nationwide debate over whether Penny, a Navy veteran, acted fairly or deserves to be punished for negligence in Neely's death.

According to a report from the New York Post, the latest defense witness was Brian Kempf, a court clerk who testified about the issuance of a warrant for Neely's arrest in February 2023, just three months before the incident that led to his death.

According to various reports, after an assault committed in 2021, Neely had struck a deal with the Manhattan District Attorney's Office to avoid jail time if he agreed to undergo intensive outpatient treatment. But the homeless man did not complete the treatment, and a judge issued the warrant for his arrest the next day.

The latest testimony culminated with extensive sworn statements from about 10 witnesses called by the defense.

Among the prominent witnesses was Dr. Satish Chundru, a medical expert who testified that Neely's death was not caused solely by strangulation, as the autopsy yielded, but came from a combination of factors such as synthetic marijuana use and schizophrenia.

The prosecution attempted on cross-examination to get Dr. Chundru to recant his statement, but maintain the point that Penny's key was not the sole cause of Neely's death.

Jurors will have to debate between the defense's expert witness and the testimony of Dr. Cynthia Harris, a city medical examiner who performed the autopsy and affirmed under oath that Penny's extensive choke hold caused Neely's death.

While several steps remain to be taken, including final arguments scheduled for Dec. 2, the jury will recess after hearing a host of witnesses, from medical experts to passengers who were present on the train during the incident, as well as Penny's family and friends.

Following closing arguments, the jury of 12 Manhattan residents will decide the fate of Penny, 26, who pleaded not guilty to one count each of second-degree murder and criminally negligent homicide. The Navy veteran faces up to 15 years in prison if convicted of the more serious charge.

Several days after the fact, Penny said he was deeply hurt by Neely's death.

"I’m deeply saddened by the loss of life," he said at the time. "It’s tragic what happened to him. Hopefully, we can change the system that’s so desperately failed us."