NEW YORK — On Monday, jurors were shown a video that captured Daniel Penny holding a man in a chokehold on a subway train, while a nearby passenger pleaded with him to release the victim. The clip, filmed by a high school student from outside the train, provided the jury with its first clear glimpse of the incident central to the manslaughter trial concerning the death of Jordan Neely in 2023.

While videos depicting the confrontation by a freelance journalist received widespread attention soon after the event, it’s unclear if the student’s footage had been made public previously. Prosecutors argue that 25-year-old Penny acted recklessly, resulting in the death of 30-year-old Neely, who was homeless and struggled with mental illness. Neely reportedly alarmed fellow passengers with hostile comments that certain riders perceived as menacing.

Penny, however, has pleaded not guilty. His defense team argues that he was acting in self-defense, responding to a tense situation in a manner that many subway commuters fear but often prefer to avoid. Neely, who was recognized by some riders for his impersonations of Michael Jackson, faced issues related to mental health and substance abuse. His family has indicated that his life began to unravel after the murder of his mother during his teenage years. Neely had provided testimony in the trial that led to the conviction of her killer.

The incident between Penny, an architecture student and Marine veteran, and Neely occurred aboard a subway train on May 1, 2023. Witnesses reported that Neely was in dire straits—homeless and desperate, he had voiced a willingness to go to jail, alarming passengers with his shouts, which police noted later.

Ivette Rosario, a 19-year-old witness, testified that Neely’s outbursts made her feel so anxious that she thought she might faint. She mentioned that while she had witnessed similar incidents on subways, nothing compared to the intensity of Neely’s behavior that day. “The tone was frightening, and I got scared of what was said,” she recounted to jurors, explaining how she looked down, wishing the train would arrive at a station before things escalated further.

Eventually, she heard a noise indicating someone had fallen. When she looked up, she saw Neely on the ground with Penny’s arm around his neck. As the train came to a halt, she exited but continued observing from the platform. In that moment of uncertainty and fear, a trembling hand of hers captured the unfolding scene on her phone. The video showed Penny constraining Neely’s head with his arm while an unseen onlooker insisted that Neely was dying, urging Penny to let him go.

In her testimony, Rosario noted that she did not see Neely approach anyone specifically. Conversely, the defense contends that Neely made a move towards a woman with a stroller and threatened to kill her, prompting Penny to intervene. Prosecutors have not asserted that Penny intended to kill Neely but allege that he exceeded reasonable force in restraining him for approximately six minutes, even after Neely had ceased moving for nearly a minute and other passengers could have exited.

Defense attorneys maintain that Penny’s grip was sustained as they believe Neely attempted to rise at various points during the altercation. Additionally, the defense has contested the medical examiner’s conclusion that the chokehold directly caused Neely’s death. Meanwhile, a lawyer representing Neely’s family argues that regardless of Neely’s statements, they do not justify the level of force that Penny employed against him.