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.