Daniel Penny deadly subway chokehold trial set to continue Thursday

ByEyewitness News WABC logo
Thursday, November 7, 2024 10:41AM
Daniel Penny due back in court as manslaughter trial continues
Daniel Penny due back in court as manslaughter trial continuesThe court case against Daniel Penny in the death of Jordan Neely continues Thursday.

NEW YORK CITY (WABC) -- Thursday morning, Marine veteran Daniel Penny will be back in a Lower Manhattan courtroom as his manslaughter trial continues.

Earlier this week, the jury was shown bystander video of the moments Jordan Neely was put in a chokehold on the floor of a subway train.

Two videos shot by bystanders - one a high school student, the other a freelance journalist - offered the anonymous jury its first direct view of the chokehold at the heart of the manslaughter trial surrounding Jordan Neely's 2023 death.

Prosecutors say the student's video has never been made public before. Jurors also saw what prosecutors said was a fuller version of Mexican freelance journalist Juan Alberto Vázquez's video, part of which he'd posted on social media and was widely seen.

A witness could be heard calling out to Penny in a video, saying "he's dying" and to "let him go."

The defense argues Penny's actions were justified because Neely was an "unhinged" threat to others.

They said Neely lurched toward a woman with a stroller and said he "will kill," and Penny felt he had to take action.

Prosecutors don't claim that Penny intended to kill, nor fault him for initially deciding to try to stop Neely's menacing behavior. But they say Penny went overboard by choking the man for about six minutes, even after passengers could exit the train, after two of them stayed and helped hold Neely down, and after he stopped moving for nearly a minute.

A lawyer for Neely's family maintains that whatever he might have said, it didn't justify what Penny did.

Penny faces up to 15 years in prison if convicted of involuntary manslaughter.

The trial is expected to last through Thanksgiving.

ALSO READ: Death mix-up leaves Staten Island family in anguish on Halloween

Nina Pineda has more on the death mix-up scare for one family on Staten Island.

----------

* Get Eyewitness News Delivered

* More New York City news

* Send us a news tip

* Download the abc7NY app for breaking news alerts

* Follow us on YouTube

Submit a tip or story idea to Eyewitness News

Have a breaking news tip or an idea for a story we should cover? Send it to Eyewitness News using the form below. If attaching a video or photo, terms of use apply.

Copyright © 2024 WABC-TV. All Rights Reserved.