NEW YORK – Prosecutors have called more than a dozen witnesses so far in the trial of Daniel Pennythe Marine veteran burst in the chokehold death of 30-year-old Jordan Neely aboard the subway last year.
He is pleaded not guilty to manslaughter in the second degree and manslaughter by criminal negligence.
Prosecutors argue Penny’s intentions were good, but he went too far and used excessive force to put Neely in a chokehold for nearly six minutes. The defense says Penny was trying to protect other subway passengers.
Witness says she was relieved when Daniel Penny restrained Jordan Neely
A daily subway traveler told the jury she had seen many incidents on the train, but on May 1, 2023, aboard the F train, she said, “There was a moment when I thought I was really going to die.”
She explained that Neely entered the subway in dirty clothes.
“He said, ‘I don’t care if I die. I don’t care if you die. Lock me up for life.’ Very, very, very aggressive threats,” the witness said.
She testified that she did not see Neely make physical contact with anyone. She too I didn’t see any weapons on Neelybut she said, “But I really had the feeling that he was most likely armed.”
With nowhere to go because the train was moving, she said she felt a sense of relief when Penny restrained Neely.
Neely’s father stood up in the gallery and said as he left, “She’s a liar.”
A cell phone video taken by a high school student was also played. At one point that teenager took the stand, visibly nervous, meek and crying. In a 911 call in court, she told the operator Neely was “trying to attack everyone.”
Photos and videos shown during the death trial on the New York subway
Another witness testified that he was in the station, saw a crowd and went there without any context as to what was going on. He said he heard someone say, “Let him go, you’re going to kill him,” and also heard others say Neely had a pulse. He showed photos he had taken of Neely on the ground.
In a cell phone video, someone is heard saying, “He might choke on his own spit if you put him on his back. Put him on his side.”
The witness said he tried to pour water on Neely’s forehead, but Penny told him to stop. That cannot be heard in the video.
Penny’s attorneys at Cross said Penny moves Neely’s head to the side and moves Neely’s arm to support his head.
At one point, the judge had to remind those in the stands to do their best not to react visibly or audibly. During Thursday’s trial, a loudly crying woman left the courtroom.
The court continues on Thursday.
Alice Gainer
