Prosecutors argued that while Daniel Penny may be an “honorable veteran” and “nice young man,” he acted recklessly with Jordan Neely’s life by using excessive force for too long, failing to “recognize his humanity” in the incident that led to Neely’s death on a New York City subway. As the widely watched trial opened on Friday, Penny’s defense countered that the former Marine intervened to “protect thy neighbor.”

Penny faces charges of manslaughter and negligent homicide for the May 2023 death of Neely, a homeless man who was reportedly behaving erratically on the train.

“He was aware of the risk his actions would kill Mr. Neely and did it anyway,” said Assistant District Attorney Dafna Yoran in her opening remarks, telling the jury that “Jordan Neely took his last breaths on the dirty floor of an uptown F train.”

Defense attorney Thomas Kenniff, however, argued that Penny acted in response to what he saw as a threat, describing Neely’s actions as filled with “unhinged rage.”

“This is a case about a young man who did for others what we would want someone to do for us,” Kenniff said, adding, “It doesn’t make him a hero, but it doesn’t make him a killer.”

The first day of the trial included new body camera footage showing Penny’s initial interaction with police, recorded just four and a half minutes after he released his hold on Neely.