(NewsNation) — The case of Daniel Penny, the former Marine accused of choking a man to death on a New York City subway, will move to closing arguments next week after a judge refused to dismiss charges against the defendant Monday.
Penny appeared in court for several hours as attorneys argued before a judge what would be included in jury instructions after the Thanksgiving holiday. After the judge overruled the Penny attorneys’ motion for dismissal, they argued very specific points of the case and what would be part of the judge’s instructions to the jury.
Penny is accused in the death of Jordan Neely, to whom prosecutors argue Penny applied a deadly chokehold. Attorneys for Penny argue that their client was not trying to kill Neely but rather to restrain him after witnesses claimed Neely was acting erratically.
The defense rested Friday after electing not to have Penny testify in his own defense.
The prosecution has focused throughout the trial on the chokehold that Penny allegedly applied to Neely. The medical examiner testified that the pressure applied to Neely caused his death. In response, a defense expert testified that Neely’s death was caused by a combination of factors, including schizophrenia, sickle cell anemia and the presence of a synthetic drug.
The case is set to resume on December 2 when closing arguments begin before it is handed over to the jury for deliberations.