Jury selection begins in trial of former Marine charged with fatally choking homeless busker

Jury selection began Monday in the trial of a Marine veteran charged with fatally choking a fellow New York City subway passenger last year.

The Marine, Daniel Penny, is charged with criminally negligent homicide and manslaughter in connection with the incident, in which he tried to subdue the passenger, a Michael Jackson street performer, who was allegedly scaring other passengers with "threatening" behavior.

Penny has pleaded not guilty to “recklessly causing the death” and faces a maximum 15 years in prison. 

Passengers were reportedly hiding and praying until Penny, 25, confronted the victim Jordan Neely, and placed him in a chokehold. 

Penny was released by police following the May 1, 2023, incident and later arrested when cell phone video from the scene was viewed. 

Penny's lawyers have said the medical examiner who had testified to the grand jury didn't provide evidence that Neely, who was unarmed, died from asphyxiation as a result of the chokehold.

“The fact that [the examiner] did not testify that he did, in fact, die from asphyxiation, can only be explained by a lack of evidence to support such a conclusion,” wrote Penny’s attorneys.