The controversial subway chokehold death case is set to go to jury trial as Daniel Penny was seen leaving the Chinatown precinct. Last year, Jordan Neely, a homeless African American man struggling with mental illness, died after Penny, a former Marine, placed him in a chokehold on a Manhattan subway train. Following the incident, the district attorney’s office charged Penny with second-degree manslaughter. Now, over a year later, the case is scheduled to begin jury selection on Monday, October 21.

The jury selection process is expected to start on Monday and could take up to two weeks. The judge noted that jurors will have to consider under what circumstances a civilian may exercise deadly force against another person. The case has sparked intense debate and controversy regarding subway safety and the concept of self-defense.

Penny has pleaded not guilty to the second-degree manslaughter charge. His defense team argues that Neely posed an “extreme threat” to the passengers in the subway car, and that Penny acted to “protect the lives of others.” Neely was known for impersonating Michael Jackson and had experienced long-term homelessness.

The Manhattan District Attorney’s Office is expected to emphasize that while Neely’s actions frightened some passengers, Penny continued to apply the chokehold even after Neely had stopped moving and no longer posed a threat. To secure a conviction, the prosecution must prove that Penny’s use of deadly force was unjustifiable and that he knowingly ignored the significant risks involved during the prolonged chokehold.

Penny’s attorneys, Steven Raiser and Thomas Kenniff, state, “We are confident that once the jury understands that Daniel Penny acted to protect other passengers while disregarding his own safety, they will render a fair verdict.” During the trial, several passengers who were present in the subway car are expected to testify, and a six-minute chokehold video will also be shown.

Prosecutors indicated that around three minutes and ten seconds into the video, Neely’s movements ceased to be purposeful. They claimed, “After that point, Neely’s actions could be more accurately described as ‘convulsions and signs of distress associated with near-death.'”