Daniel Penny trial witness says Jordan Neely was "violent and desperate" before deadly chokehold on NYC subway
NEW YORK -- Witnesses who took cellphone video of Daniel Penny's deadly encounter with Jordan Neely on a New York City subway testified in the Marine veteran's manslaughter trial Monday.
Penny was charged after placing Neely in a chokehold to restrain him on an F train during an incident in 2023.
"I was very nervous"
Visibly nervous, Ivette Rosario told jurors she called 911 and shot video from the subway platform after exiting the train. Prior to her recording, Rosario said Neely had boarded the train after putting his hand out to block the doors from closing.
Rosario, 19, said Neely did not physically approach anyone in particular on the train and that she did not see any weapons on him. But Neely was angrily telling people he was homeless, didn't have any money and didn't care about going back to jail, she testified.
"I was very nervous," Rosario told the court.
Rosario said she put her head on her friend's chest, hoping the subway doors would open, and didn't look up until she heard Penny and Neely hit the floor.
On cross examination, Penny's attorneys asked Rosario if she remembered him telling Neely to calm down and showed her a copy of her interview with detectives. She did not remember and appeared visibly stressed, putting her hands to her face.
Witness behind widely shared cellphone video testifies
Next to testify was Juan Alberto Vasquez, a freelance journalist who took cellphone video that was widely released after the incident on May 1, 2023.
Vasquez, 59, said he felt "a bit nervous" and Neely's tone was "violent and desperate" on the train. He is heard in the video telling someone to call the police.
Neely's father had his head down and eventually walked out of the courtroom as Vasquez's video played.
Vasquez also said he never saw Neely yield a weapon.
Mention of Brooklyn mass subway shooter raises objections
On cross examination, attorneys brought up convicted mass shooter Frank James, prompting a series of objections. They noted Vasquez had made comments to detectives the subway shooting two years ago was going through his mind at the time.
Disguised as a construction worker, James ignited smoke bombs and opened fire on a Manhattan-bound train in Sunset Park, Brooklyn in 2022.
Another passenger who took the stand Monday said he did not feel threatened or fearful of Neely.
The trial resumes Thursday.
Penny pleaded not guilty to second degree manslaughter and criminally negligent homicide.
