Witness in Daniel Penny trial says she "thought she was truly going to die" after Jordan Neely boarded subway
NEW YORK — Prosecutors have called more than a dozen witnesses so far in the trial of Daniel Penny, the Marine veteran charged in the chokehold death of 30-year-old Jordan Neely on board the subway last year.
He's pleaded not guilty to second-degree manslaughter and criminally negligent homicide.
Prosecutors argue Penny's intentions were good, but that he took things too far, using excessive force in placing Neely in a chokehold for nearly six minutes. The defense says Penny was trying to protect other subway riders.
Witness says she was relieved when Daniel Penny restrained Jordan Neely
A daily subway rider told the jury she's seen many incidents on the train before, but on May 1, 2023 on board the F train, she said, "There was a moment where I thought I was truly going to die."
She explained a screaming Neely entered the subway car in soiled clothing.
"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 she didn't see Neely make any physical contact with anyone. She also didn't see any weapons on Neely, but she said, "But I truly felt that he was most likely armed."
With nowhere to go because the train was in motion, she said she felt a sense of relief when Penny restrained Neely.
Neely's father stood up in the gallery and as he left said, "She's a f***ing liar."
Cellphone video taken by a high schooler was also played. That teen took the stand visibly nervous, softspoken and crying at one point. In a 911 call played in court, she told the operator Neely was "trying to attack everybody."
Photos, videos shown during NYC subway chokehold death trial
Another witness testified he was in the station, saw a crowd and went over with no context as to what was happening. 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 pictures he took of Neely on the ground.
In a cellphone 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 on cross said Penny can be seen moving Neely's head to the side, repositioning Neely's arm to support his head.
At one point, the judge had to remind people seated in the gallery to do their best not to visibly or audibly react. During the trial Thursday, a woman who was loudly crying exited the courtroom.
Court resumes Thursday.
