As the case moves forward, the conflicting accounts of witness testimonies become a focal point. The next conference meeting in the case is scheduled for March 20.
While Penny’s legal team contends that he did not intend to harm Neely, prosecutors argue that a jury should assess whether Penny engaged in reckless conduct that created an unjustifiable risk of death.
Video Evidence
The incident on the subway brought attention to Neely’s outbursts, with bystanders recalling he was shouting and threatening moments before Penny applied the fatal chokehold.
Video evidence captured by a freelance journalist depicted the harrowing scene, highlighting the severity of the incident that ultimately led to Neely’s death.
Prosecutors have emphasized the need to consider additional evidence, including witness accounts suggesting that Neely’s behavior was not extraordinary on New York City public transportation.
Penny’s lawyers point out that with Neely’s history there was a high likelihood that he would have attacked someone. And that Penny’s actions were only to protect the other passengers.
