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Daniel Penny trial enters closing arguments in Jordan Neely's subway chokehold death

Closing arguments set to begin in Daniel Penny trial
Closing arguments set to begin in Daniel Penny trial 01:39

NEW YORK -- The Daniel Penny trial enters closing arguments Monday. Penny, a Marine veteran, is charged in the chokehold death of Jordan Neely last year onboard an F train in Manhattan. 

The jury will hear summations, and then deliberations will begin in the case that continues to divide the city between those who view Penny as a hero and others as a vigilante.

Following closing arguments, the judge will instruct the jury, after which deliberations will begin.

Penny has pleaded not guilty to manslaughter and criminally negligent homicide. If found guilty, he faces up to 19 years in prison.

Daniel Penny trial

During the monthlong trial, jurors heard testimony from subway passengers who witnessed the chokehold, police who responded, a Marine Corps instructor who taught Penny chokehold techniques, and Penny's relatives and friends.

The Marine veteran himself did not testify.

Prosecutors say Penny intended to protect people but used too much force, gripping Neely's neck for nearly six minutes, past the point when he posed a threat.

City medical examiners ruled Neely died by compression of the neck, but a pathologist hired by Penny's defense contradicted that finding, saying it was his belief Neely died from the combined effect of sickle cell crisis, schizophrenia, the struggle and restraint, and synthetic marijuana.

The pathologist also told the jury it did not appear Penny applied a proper chokehold.

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