NEW YORK CITY (WABC) — As opening statements were set to begin, protesters stood outside the courthouse, creating a tense scene in Lower Manhattan.

Protesters chanted “Justice for Jordan Neely” as they waited for Daniel Penny to arrive.

Twelve Manhattanites were selected to serve on a jury composed of seven women and five men.

The jury will determine Penny’s fate.

He has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death.

The video captured the incident which occurred in May 2023.

Witnesses say Neely suffered from mental illness and homelessness and was screaming and demanding money when the former Marine approached him, restrained him and tackled the street artist to the ground with the help of two other passengers.

He strangled her until her body went limp, prosecutors said.

The medical examiner’s office ruled his death a homicide.

Neely’s death sparked debate and division locally as advocates placed blame on city policies surrounding people experiencing homelessness.

At the start of the trial, protesters said Neely did not pose a threat at the time of his death. They are now demanding justice for his young life.

The judge estimated the trial could last between four and six weeks.

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