Daniel Penny, accused of choking a distressed New York City subway rider to death, arrives for opening statements in New York on Friday.Photo by Kena Betancur/THE ASSOCIATED PRESS

Vet's subway chokehold courageous, defense says; prosecution argues it went 'too far'

Opening statments presented to jury in New York City subway manslaughter trial

by · National Post

Prosecutors and defence lawyers agree on one thing about Marine veteran Daniel Penny’s encounter last year with a distressed, angry and threatening man on a New York subway: Penny didn’t mean to kill him.

But a prosecutor told jurors Friday that Penny “went way too far” in trying to neutralize someone he saw as a threat and not as a person, while a defence attorney said Penny showed “courage” and put others’ welfare ahead of his own when he placed Jordan Neely in a chokehold that ended with Neely limp on the floor.