Testimony concluded Friday in the fatal case against Daniel Penny, a West Islip native on trial for the death of Jordan Neely, a homeless man with mental illness, during a fight last year on a New York City subway.

More than forty witnesses — police officers, subway commuters, medical examiners, a Marine self-defense instructor and a psychiatric expert, among others — have taken the stand over the past three weeks in the trial of Penny, a Navy veteran who is accused of second-degree murder and criminally negligent homicide.

Penny, 26, however, did not take the stand.

“This jury heard from Mr. Penny,” defense attorney Thomas Kenniff said outside court, referring to his client’s multiple recorded statements on a bystander’s cell phone, NYPD surveillance cameras and in a police interrogation. “He thought someone was going to be killed. He thought someone was going to get hurt and he acted.”

Manhattan District Attorney Dafna Yoran acknowledged that Penny’s actions were “commendable” at first when she stopped Neely from yelling and fighting passengers on the uptown F train around 2 p.m.: 30 on May 1, 2023.

Neely, a homeless Michael Jackson impersonator suffering from mental illness and a synthetic marijuana habit, told commuters he was “ready to die,” according to several eyewitnesses, some of whom feared for their lives. Witnesses also testified that Neely never directed his anger at anyone specifically and never touched any of the passengers.

As admirable as Penny’s actions were at first, Yoran said he held the hold far too long, more than five minutes, despite being heavily trained in the Marines, that some chokes can be fatal.

“He used far too much force for far too long,” the prosecutor said.

Manhattan prosecutors appeared to score points Friday during the final examination of the defense witness, a forensic pathologist testifying for Penny, when he admitted that Jordan Neely died in a “homicide” because the fight with Penny played a role in his death.

The judge warned lawyers not to use that word because it could prejudice the jury against Penny.

Dr. Satish Chundru, of Texas, under extensive cross-examination by Yoran, defended his conclusion that Neely, 30, died from a combination of aggravating factors, including drug use, the effects of severe mental illness, cell deficiency blood and effort. to fight off Penny’s suffocation.

Chundru added: “Yes, restraint played a part, that’s a far cry from saying he died of asphyxiation due to suffocation”

He disputed the determination by New York City Medical Examiner Cynthia Harris that Penny cut off Neely’s oxygen supply during the suffocation by forcing the homeless man’s tongue and soft tissue into the back of his throat, blocking his windpipe.

But Supreme Court Justice Maxwell Wiley later told the jury to disregard the homicide plea, saying “The word homicide means something different to a medical examiner than it does to a judge and jury.”

The jury will not convene next week, but will return on Dec. 2 to hear closing arguments from attorneys and begin deliberations.