Death of Jordan Neely: Daniel Penny's fatal subway chokehold trial continues Thursday

NEW YORK CITY (WABC) – On 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 a bystander video of Jordan Neely being held in a chokehold on the floor of a subway train.

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

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

In one video, a witness could be heard shouting to Penny: “He's dying” and she should “let him go.”

The defense argues Penny's actions were justified because Neely posed a “crazy” threat to others.

They said Neely ran up to a woman with a stroller and said he was going to “kill” and Penny felt he had to do something.

Prosecutors do not allege that Penny intended to kill, nor do they blame him for initially deciding to stop Neely's threatening behavior. But it says Penny went overboard by choking the man for about six minutes, even after the passengers were able to exit the train, after two of them remained and helped hold Neely, and after he had been there for nearly a minute had stopped for a long time.

A lawyer for Neely's family claims whatever he said doesn't justify what Penny did.

If convicted of manslaughter, Penny could face up to 15 years in prison.

The trial is expected to last until Thanksgiving.

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