The trial of Daniel Penny, the Marine veteran accused in the May 2023 choking death of a homeless man on a New York City subway, is set to begin Monday with jury selection. The trial is expected to last four to six weeks, according to Judge Max Wiley.

Penny, 25, has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, 30. In January, a judge rejected Penny’s motion to dismiss the manslaughter case.

Prosecutors allege that Penny placed Neely in a chokehold for approximately six minutes, continuing even after Neely had stopped moving. Penny’s attorneys contend he acted to protect others, claiming Neely was acting “insanely threatening” toward passengers on the Manhattan-bound F train. Witnesses reportedly gave differing accounts of Neely’s behavior.