Jury selection has begun in the criminal trial of the U.S. Marine Corps veteran who placed a man in a deadly chokehold aboard a New York City subway train last year

The Manhattan DA’s office declined to comment on their legal strategy for trial. One of Penny’s attorneys, Steve Raiser, said in a text message that their case will focus on the government’s failure to address mental health and homelessness on the subway.

A trial has begun in the case of a former US Marine who is accused of putting a homeless man in a fatal chokehold on a New York subway train. Daniel Penny, 25, has pleaded not guilty to charges of second-degree manslaughter and negligent homicide.