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Jurors have begun their deliberations in the manslaughter trial of Daniel Penny, the 26-year-old Marine veteran charged with recklessly choking out Jordan Neely, a 30-year-old homeless man who barged onto a Manhattan subway car shouting death threats.
Penny arrived at the Manhattan courthouse Tuesday morning for the final day of prosecutors’ closing arguments as protesters chanted “Guilty!” through a megaphone.
Penny, flanked by his defense lawyers, fixed his suit jacket and looked straight ahead without acknowledging the protesters or reporters outside the courthouse, video shows.
Inside, Assistant Manhattan District Attorney Dafna Yoran finished her closing arguments shortly before noon, and the judge read jury instructions after a break.
Penny faces a maximum of 15 years in prison if convicted on the top charge of manslaughter. He is also accused of criminally negligent homicide.
Jurors were told they could only find Penny guilty of the lesser charge if they found him not guilty of manslaughter “for some reason other than the lack of justification.” If they find him guilty of manslaughter, they were told not to render a verdict at all on the lesser count. If they find him not guilty of manslaughter because prosecutors failed to prove beyond a reasonable doubt that Penny was not justified in his actions, they were told they must also find him not guilty of criminally negligent homicide.
Shortly after beginning deliberations, they asked the judge to reread instructions about how justification works.
