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By: Rob Otto
Newly revealed footage from Marine veteran Daniel Penny’s manslaughter trial shows him gripping Jordan Neely’s neck on a subway floor while several bystanders urge him to release the homeless man.
As the NY Post reports, the one-minute video, shown to the jury on Monday, was captured by a high school student, Ivette Rosario, who described feeling terrified as Neely began his intense rant aboard the uptown F train in May 2023.
“I was very nervous, and I thought I was going to pass out because I was so nervous,” testified Rosario, now 19, in Manhattan Supreme Court. Her hands visibly shook in the footage, which provided the jury their first direct look at the incident that led to Neely’s death and Penny’s criminal charges.
During the video, one bystander can be heard pleading with Penny, saying, “He’s dying – you gotta let go!” Another voice echoes, “Let him go,” while Rosario, standing just outside the subway car, shouts, “Call some cops!” according to the NY Post.
Rosario testified that the disturbing encounter began when Neely, 30, boarded the train at the Second Avenue stop and started shouting that he was homeless, hungry, and indifferent to returning to jail. The NY Post details how Rosario said that while she had previously witnessed tense moments on the subway, Neely’s “tone” set this one apart.
“I’ve been in situations on the train where stuff was said, but not like this,” Rosario told the court. Overwhelmed, she pressed her head against a friend’s chest, closed her eyes, and waited for the doors to open at the next stop. She said she heard a loud thump and looked up to see Penny restraining Neely with his arm around his neck.
Rosario recorded a short video of the scene from the platform before calling 911, according to her testimony. She described Penny, who sat calmly in court wearing a brown suit and blue shirt, as looking blankly at the monitor showing the video to the jury. As NY Post notes, the video, shot by journalist Juan Alberto Vasquez, depicts Penny holding Neely in a chokehold for several minutes—even after Neely appears to stop moving on his own. Neely’s father, Andre Zachery, was overcome with emotion, leaving the courtroom briefly after seeing the footage again.
Another witness, 51-year-old subway rider Larry Goodson, took the stand later in the afternoon, describing how he warned Penny that he could kill Neely if he didn’t release him. Goodson testified that he observed Neely defecating and urinating on himself as Penny maintained his grip, signaling distress.
“I said if he’s defecating or urinating on himself, you’re going to let him go because you’re going to kill him,” Goodson recalled, adding that Penny appeared “in a trance,” ignoring his and others’ pleas.
Goodson, who has used the subway for five decades, disputed the defense’s characterization of Neely as threatening. “I was not threatened. I was not fearful,” he told the court, refuting claims that Neely was menacing passengers.
During cross-examination, Penny’s attorney, Thomas Kenniff, pressed Goodson on his potential “higher threshold for fear” due to life experiences, referencing Goodson’s past addiction and prison time. “Your life experience may be different than the ordinary person, would you agree?” Kenniff asked.
Penny has pleaded not guilty, with his defense claiming he acted in self-defense and to protect other passengers. Penny’s lawyer argued that he saw Neely, who was shouting threatening phrases like “I will kill,” and intimidating a woman with a stroller.
