The defense in the trial of Daniel Penny, charged with manslaughter and negligent homicide, rested its case without Penny taking the stand.

Penny, a former Marine, is accused of causing the death of Jordan Neely, a homeless man, by placing him in a fatal chokehold during a May 2023 incident on a New York City subway. Neely had been behaving erratically in the subway car at the time. Penny has pleaded not guilty to the charges.

The judge announced a charging conference with attorneys on Monday to finalize jury instructions.

The jury is now on break for Thanksgiving and will return afterward to hear closing arguments, receive the judge’s instructions, and begin deliberations.