Jury selection for the upcoming trial of former U.S. Marine Daniel Penny began Monday. Penny, 25, was charged with manslaughter after putting a street performer in a chokehold while on board the New York City subway. According to prosecutors, Penny stands accused of recklessly causing the death of Jordan Neely, a 30-year-old former street performer.

Witnesses who were on the train during the incident, which occurred on May 1, 2023, state that Neely was acting erratically when Penny intervened. Penny has since pleaded not guilty in the case which has sparked outrage on both the local and national level.

Shortly after the death of Neely, who was black, protesters demanded that authorities arrest Penny, who is white. Other people have come out in a show of support for the army veteran. Since entering his plea, Penny  who served four years in the Marines before being discharged  has been free on a $100,000 bond. Should he be convicted, the man faces 15 years in prison and up to four years if convicted of criminally negligent homicide.

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On Monday, 86 potential jurors were brought into the Manhattan courtroom for the first round of screening. The Associated Press reported that the screening focused on whether they have work or family obligations that could keep them from serving on a trial thats expected to continue into December.

When asked if they had heard about the case, nearly everyone raised their hands. Presiding Judge Maxwell Wiley said that he was “not surprised.”

Even if you have formed an opinion about it, that does not disqualify you from serving on this case, he said, adding that anyone who is picked for the jury must keep an open mind. The outlet reports that it will be several days before the 12-member jury is selected as additional tests will focus on any beliefs, personal connections, or life experiences that could affect their ability to serve fairly and impartially.

Steven Raiser, an attorney for Penny, told NBC last week that during the trial, nearly half a dozen witnesses will be called on to testify. You have an individual thats saying that he was frightened by this gentleman, Mr. Neely, and he had to act, Raiser said. We have several additional witnesses that come up and say, Yes, hes right. Thats exactly how I felt, too.

Prosecutors, however, are alleging that witnesses differed sharply in their threat assessments. According to a Grand Jury filing, one witness said It was like another day typically in New York. Thats what Im used to seeing.”

According to previous court documents, several witnesses claimed to have witnessed Neely  who struggled with drug addiction, mental illness and homelessness  had been shouting and demanding money. Penny, backed up by two other passengers pinned the man to the ground and placed him in a chokehold for more than three minutes until Neelys body went limp. Documents stated that the official cause of death was a homicide caused by compression of the neck.

Neely’s father, Andre Zachery, was also in the courtroom on Monday and later spoke to the press alongside the family’s lawyer, Donte Mills. “Daniel Penny should go to jail, Mills told the assembled press. This should be an easy case for the jury to deliberate.

Raiser also spoke with members of the press saying “The truth is going to come out in this trial” adding that There have been a lot of assumptions that have been out there. It is currently unknown if Penny, himself, will take the stand in his own defense.