NEW YORK (AP) 鈥 Jury selection began Monday in the trial of a U.S. Marine Corps veteran charged with manslaughter for placing a man in a deadly chokehold on a New York City subway train last year.
, 25, is accused of 鈥渞ecklessly causing the death鈥 of Jordan Neely, a 30-year-old former street performer. Witnesses say Neely was acting erratically on the train on May 1, 2023, when Penny moved to restrain him.
Penny has in the case, which sparked debate and division locally and across the country.
After the death of Neely, who was Black, protesters demanded that authorities arrest Penny, who is white. Others rallied in support of Penny outside the courthouse once he was charged. The case also among Republican presidential hopefuls.
Penny, who in the Marines before being discharged in 2021, has been free on a $100,000 bond. He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.
An initial group of 136 potential jurors were brought into the Manhattan courtroom Monday for a first round of screening focused on whether they have work or family obligations that could keep them from serving on a trial that's expected to continue into December.
When the first group of people were asked whether any had heard of the case, nearly everyone in the packed courtroom raised a hand to indicate yes.
鈥淣ot a surprise,鈥 Judge Maxwell Wiley said.
鈥淓ven if you have formed an opinion about it, that does not disqualify you from serving on this case,鈥 he said, adding that anyone who is picked for the jury must keep an open mind.
Penny, at times when prompted by the judge, briefly stood and waved to prospective jurors and greeted them with a soft 鈥済ood morning鈥 or 鈥済ood afternoon.鈥
Otherwise, he sat mostly facing the judge in his blue suit and maroon tie as potential jurors were called up individually to the bench to explain their potential scheduling issues.
Those asking not to be placed on the jury cited holiday travel plans, faraway weddings, house moves and other personal obligations.
By the end of the day, some 45 people were asked to return for the next stage in the screening on Friday; the rest were excused.
The selection process is expected to continue Tuesday, and it will likely be days before prospective jurors are questioned about any beliefs, personal connections or life experiences that could affect their ability to serve fairly and impartially.
Witnesses to the incident said Neely 鈥 who struggled with drug addiction, mental illness and homelessness 鈥 had been shouting and demanding money when Penny approached him.
Penny with the help of two other passengers, and placed him in a chokehold for more than three minutes until Neely鈥檚 body went limp. The medical examiner鈥檚 office ruled the death a homicide caused by compression of the neck.
Neely鈥檚 father, Andre Zachery, was among those in courtroom audience Monday. The family's lawyer, Donte Mills, said outside court that Zachery is feeling hurt and seeking justice for his son.
鈥淭his is going to be a very simple case that鈥檚 easy for the jury to deliberate on," Mills said. 鈥淭he facts of the case is this: someone got on the train and was screaming, and someone choked that person to death. Those things will never balance out and there鈥檚 no justification that can make those things balance out.鈥
Penny鈥檚 lawyers have argued that the Long Island native didn鈥檛 intend to kill Neely, just to hold him down long enough for police to arrive. Penny has claimed Neely shouted, 鈥淚鈥檓 gonna kill you鈥 and that he was 鈥渞eady to die鈥 or go to jail for life.
鈥淲e feel that the truth is only going to come out through this trial," Steven Raiser, one of Penny鈥檚 lawyers, said outside court. "There鈥檚 a lot of evidence that people aren鈥檛 aware of. There鈥檚 a lot of assumptions that have been made that are going to be dispelled once we have all the evidence.鈥
Raiser has said the defense plans to offer up other potential causes of Neely鈥檚 death, including high levels of the synthetic cannabinoid known as K2 found in his body.
They鈥檒l also argue that video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.
Penny's lawyers said Monday that they hadn't decided whether he will testify.
Prosecutors, in their court filings, have argued that Penny鈥檚 actions were reckless and negligent even if he didn鈥檛 intend to kill Neely. Manhattan District Attorney Alvin Bragg鈥檚 office declined to comment ahead of the trial.
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Follow Philip Marcelo at . Associated Press writer Jennifer Peltz contributed.
