Moments before New York Marine veteran Daniel Penny placed the erratic Jordan Neely in a chokehold that proved fatal, the emotionally disturbed homeless man raised his fists in the middle of a subway car while shouting at passengers, a witness testified Thursday.
Moriela Sanchez, an 18-year-old from Harlem, said she was taking the train home from school when chaos broke out.
Neely, 30, threw his jacket down and squared up, she testified on day 11 of what is expected to be a six-week trial in New York City.
“If no one gives him water or food, he’s gonna start putting hands on people,” she said. “He was going to start attacking.”
Daniel Penny arrives for opening arguments in his trial at Manhattan Supreme Court in New York City on Nov. 1, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)
She added that he was shouting it at everyone on the train car, not any specific rider. Despite the aggression, he did not touch anyone, she added.
“After that, Penny started putting his hands around his neck – and after that he dropped him down so he was closed off from attacking people,” Sanchez testified. “Penny dropped down on his back, and Jordan was on top of him.”
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Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
She said that she believed that Penny was doing it to stop Neely from attacking people.
She got off at the next stop and called 911. She said Penny still had Neely in a chokehold at that time. She noted that a second man, whom she described as a Black male wearing a hat, helped Penny hold Neely down during the encounter.
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This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. (Courtesy Mills & Edwards, LLP via AP)
Manhattan prosecutors say that Penny went too far and negligently caused Neely’s death. The defense argues that his actions were justified defense.
Penny, who is a 25-year-old Marine Corps veteran and college student majoring in architecture, could face up to 19 years in prison if convicted.
Neely had a history of mental illness and criminality, including a prior charge for assaulting a 67-year-old New York City woman in 2021.
This is a developing story. Stick with Fox News Digital for updates.
