Daniel Penny manslaughter trial resumes: Witnesses and new footage uncover subway chokehold incident

Marine veteran Daniel Penny, 26, is facing manslaughter charges in New York City after he placed Jordan Neely, a homeless man, in a fatal chokehold on a subway train in May 2023. The trial, held in Manhattan Criminal Court, picks up Thursday after a brief break, as jurors continue to hear from witnesses and view key evidence.

On Tuesday, the court played never-before-seen footage recorded by a high schooler at the time, capturing the tense moments on the subway. The witness testified about her fear, saying she was so “nervous” during Neely’s aggressive outburst that she thought she “was going to pass out.”

Teen Witness Testifies on Penny’s Actions

Eighteen-year-old Moriela Sanchez, the 11th witness called to the stand, described the moment Penny applied the chokehold on Neely. Sanchez, a friend of Ivette Rosario—who had filmed the initial incident—testified that Penny restrained Neely to prevent him from attacking passengers. “Penny put his hands around [Neely’s] neck and then dropped him down so he wouldn’t attack anybody,” she said.

Protesters Demand Justice Outside Courtroom

As the trial continued, a group of about a dozen protesters gathered outside the courthouse, calling for Penny’s conviction. Holding signs that read “Justice for Jordan Neely,” one protester yelled, “Stop calling him a damn Marine! He’s a cold-blooded killer.”

New Footage Adds to Emotional Testimonies

Earlier in the week, the court released a one-minute video showing Penny gripping Neely’s neck on the subway floor as bystanders urged him to “let him go.” The video, recorded by witness Ivette Rosario, revealed the fear and chaos among passengers as Neely’s outbursts escalated, leading Penny to take action.

The trial continues as witnesses and evidence shed light on the complex circumstances surrounding Neely’s death and Penny’s decision to intervene.