Video of Jordan Neely's subway chokehold death shown to jury in Daniel Penny manslaughter trial
Jurors saw video on Monday of Marine veteran Daniel Penny putting Jordan Neely in a deadly chokehold on the floor of a subway train in New York City, as Penny's manslaughter trial resumed.
In the bystander video, which was recorded by a then-17-year-old high school student, a witness can be heard calling out to Penny, “He’s dying…you need to let him go.” Others are heard yelling on the clip to “get the cops!”
The video was played at the trial of Penny, who is charged with manslaughter and negligent homicide in the May 1, 2023, death of Neely, a 30-year-old homeless Black man who some witnesses say was acting erratically on a subway car. Penny has pleaded not guilty.
Ivette Rosario, a student who was present during the incident, testified on Monday that she did not hear the witness call out that Neely is "dying" at the time and it’s not clear whether Penny heard it either.
Prosecutors used the bystander video on Monday to bolster their contention that Penny, a former Marine trained in martial arts, should have known that his chokehold maneuver was turning fatal. Prosecutors also argued that Penny held onto Neely “for far too long" -- more than 5 minutes after the train pulled into the station and passengers were able to get off.
Meanwhile, the defense has argued that Penny’s chokehold was justified because Neely was an “unhinged” threat to others.
Assistant District Attorney Dafna Yoran said during opening statements on Friday that Penny took it upon himself to "neutralize" Neely after the homeless man entered a moderately crowded subway car at the Second Avenue stop and began making threats about hurting people, which appeared to scare many of the passengers.
"He was aware of the risk his actions would kill Mr. Neely and did it anyway," Yoran said on Friday.
"Jordan Neely took his last breaths on the dirty floor of an uptown F train," she added.
Prosecutors further argued that while Penny may be an "honorable veteran" and "nice young man," he used too much force for too long and was reckless with Neely's life because "he didn't recognize his humanity."
The defense, meanwhile, argued in opening statements on Friday that the former Marine stood up to "protect thy neighbor."
Defense attorney Thomas Kenniff countered that Penny sought to protect passengers as Neely's threats echoed through the closed confines of a subway car and he spoke with "unhinged rage."
Penny heard Neely say "I will kill," Kenniff claimed, and said there was no opportunity for his client to de-escalate or stop Neely from the harm he was threatening.
"What Danny does do is leap into action," Kenniff said.
“This is a case about a young man who did for others what we would want someone to do for us,” Kenniff said on Friday. “It doesn’t make him a hero, but it doesn’t make him a killer.”
Jurors also saw on Friday body camera video that had not yet been publicly released of Penny's initial encounter with police, four and a half minutes after letting go of Neely.
In the video, Penny is heard saying, "I put him out," when the officer asked what happened.
Members of Neely's family were seated with the spectators for opening statements Friday.
"I loved Jordan. And I want justice for Jordan Neely. I want it today. I want justice for everybody and I want justice for Jordan Neely," his uncle, Christopher Neely, said before entering court.
Neely family attorney Donte Mills told ABC News in a past statement that there is "no justification" for Penny's actions.
"This case is simple. Someone got on a train and was screaming so someone else choked them to death," Mills said.
"Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country," he added.
