Prosecutor says veteran's subway chokehold 'went too far.' Defense says his 'courage' helped others.

Prosecutor Dafna Yoran told jurors the case isn't 'a referendum on our society's failure to deal with mental illness and homelessness on the subway,' rather, 'He used far too much force for far too long. He went way too far.' This statement underscores the prosecutor's position that while the issue of public safety is significant, the focus should remain on the actions taken by Penny, which allegedly led to Neely's death.

Defense attorney Thomas Kenniff argued that Penny showed 'courage' and acted out of a sense of duty to protect others, stating that Penny's actions were necessary to contain a 'seething, psychotic' man who had previously lunged towards a woman and her child. This defense positions Penny not as a vigilante but as someone who acted in the interest of public safety.

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