Daniel Penny has chosen not to testify at his trial in the death of an agitated man he choked on a subway train.

The defense has rested its case in the trial of Daniel Penny, the former Marine who held Jordan Neely in a fatal chokehold on the New York City subway last year, after four days of witness testimony.

A forensic pathologist disputes a New York City medical examiner’s determination that former Marine Daniel Penny killed another man by placing him in a chokehold on a subway train last year.