“We think it’s going to be very clear that Jordan Neely did not die of asphyxiation ... any risk of death," Kenniff added. Penny, who faces a manslaughter charge, did not testify.

Jordan Neely ’s father, Andre Zachary, filed the suit Wednesday against Marine veteran Daniel Penny in New York Supreme Court. Zachary filed the suit against Penny in New York Supreme Court.

Flint's budget delay could lead to layoffs and service cuts. Council members are striving to finalize the budget.