NEW YORK CITY (WABC) — While opening statements were expected to begin, protesters stood in front of the courthouse, creating a tense atmosphere in Lower Manhattan.

Protesters chanted “Justice for Jordan Neely” as they awaited Daniel Penny’s arrival.

Twelve Manhattanites were chosen to sit at a table. The jury panel consists of seven women and five men.

A jury will decide Penny’s fate.

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

The video recorded the incident, which occurred in May 2023.

Witnesses said Neely was struggling with mental illness and homelessness, and when the former Marine approached him, yelled and demanded money, he restrained him and pinned the street performer to the ground with the help of two other passengers.

Prosecutors say he forced her to suffocate until her body went limp.

The Medical Examiner’s office ruled his death a homicide.

Neely’s death sparked a local controversy and division; Advocates blamed city cops surrounding people experiencing homelessness.

Protesters at the start of the hearing said there was no threat at the time of Neely’s death. Now they want justice for the young life.

The judge estimated the trial could last four to six weeks.

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