The manslaughter trial of Daniel Penny, a 26-year-old Marine veteran, continued in New York City court Friday.

Penny was charged after placing a homeless man, Jordan Neely, in a fatal chokehold while on the subway in May 2023.

Penny’s lawyers requested a mistrial, claiming the district attorneys made “incendiary” opening statements and allowed testimony reinforcing a “white vigilante” narrative, the New York Post reported. The request was denied by Judge Maxwell Wiley.

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