Daniel Penny’s defense team is relying on the testimony of mothers and other female witnesses aboard the New York City subway when he put Jordan Neely in a chokehold in an effort to subdue his threatening and violent presence. Meanwhile, the prosecution is insinuating Penny’s actions toward Neely were racially biased.

Penny, a former Marine, is on trial for manslaughter for the death of Neely, a 30-year-old homeless man who witnesses said was acting erratically. Penny faces up to 19 years in prison if convicted.