Jury selection begins on Monday in the trial of a former Marine who was charged with fatally choking a homeless busker in the subway.

Jordan Neely, the busker, was ranting in an “insanely threatening” way, according to witnesses. Passengers were reportedly hiding and praying until Daniel Penny, 25, confronted Neely, and placed him in a chokehold.

Penny was released by police after the incident and alter arrested when cell phone video of the May 1, 2023 incident was viewed. He was charged with criminally negligent homicide and manslaughter.

Penny's lawyers said the medical examiner who had testified to the grand jury didn't provide evidence that Neely, who was unarmed, died from asphyxiation as a result of the chokehold.

“The fact that [the examiner] did not testify that he did, in fact, die from asphyxiation, can only be explained by a lack of evidence to support such a conclusion,” wrote Penny’s attorneys.