Lawyers and law enforcement have spent months analyzing bystander videos of the May 1, 2023, incident, in which Penny, who was honorably discharged from the Marines in 2021, wrapped his arms around Neely's neck,

The Manhattan DA’s office declined to comment on their legal strategy for trial. One of Penny’s attorneys, Steve Raiser, said in a text message that their case will focus on the government’s failure to address mental health and homelessness on the subway.

Jury selection has begun in the criminal trial of the U.S. Marine Corps veteran who placed a man in a deadly chokehold aboard a New York City subway train last year.