Daniel Penny on Trial for manslaughter and negligent homicide of Jordan Neely

[Izzylizzy]

Bottom line is that it doesn't matter if witnesses believe that Penny was trying to protect them because he tortured Jordan Neely to death in the meantime.

minutes ago
Teen subway witness says Daniel Penny held Jordan Neely too tightly, 'kind of' looking like he was hurting him
By Ben Kochman and Priscilla DeGregory


"Moriela Sanchez just testified during cross examination that Daniel Penny looked like he was holding Jordan Neely too tightly.

Defense attorney Thomas Keniff asked Sanchez if it looked like Penny was trying to hurt Neely.

"Kind of," the 18-year-old responded.

She also said it looked like Penny was trying to squeeze Neely's neck.

But Keniff tried to show that Sanchez' testimony on Thursday contradicted her testimony to the grand jury.

“Did it appear to you that the white man was squeezing the black man’s neck?” Sanchez was asked during the prior testimony.

“No, he was trying to protect other people so that he wouldn't put hands on nobody," she testified at the time.

She wrapped around 11 a.m."




Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

 

[Izzylizzy]

7 minutes ago
Teen who was on subway during Daniel Penny chokehold of Jordan Neely is 11th witness to testify
By Ben Kochman and Priscilla DeGregory


Moriela Sanchez, 18, has begun testifying about the moment Daniel Penny put Jordan Neely in a chokehold.

Sanchez is a friend of, Ivette Rosario, who testified on Monday and shot the first video of the incident with her cellphone.

"Penny put his hands around [Neely's] neck and then dropped him down so he wouldn't attack anybody," Sanchez said.

She is the 11th witness after several law enforcement witnesses testified Friday and several more train passenger witnesses testified Monday'

Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses.

 

[Izzylizzy]

Whoa Nellie.
"kill me"


"He was saying, 'I don't care if I die. Kill me, lock me up, I don't care if I go to jail for life,'" Schrunk recalled.


3 minutes ago
'I truly thought I was going to die,' witness says of Jordan Neely's 'satanic' rant
By Ben Kochman and Priscilla DeGregory


A new witness, Caedryn Schrunk, is now testifying about being on the subway that day and hearing Jordan Neely's "satanic" rant and thinking she was going to die.

Schrunk, a senior brand manager for Nike, was taking the train to meet a coworker for coffee when she says she heard Neely start threatening his own life and the lives of others.

"He was saying, 'I don't care if I die. Kill me, lock me up, I don't care if I go to jail for life,'" Schrunk recalled.

She said Neely's tirade came across as "satanic."

“There was a moment where I truly thought I was going to die," she recounted.

“Everyone was frozen," Schrunk told jurors.

While Schrunk acknowledged that Neely didn't lunge at anyone, she was "very panicked in that moment."

Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

 

[Izzylizzy]

"A sense of relief" is understandable when the threat is gone.
Going on to torture a man to death is why Penny was charged with Manslaughter 2nd degree and negligent homocide.

16 minutes ago

Witness terrified by Neely says she had 'a sense of relief that the threat was gone' when Penny intervened​

By Ben Kochman and Priscilla DeGregory
Caedryn Schrunk said she was relieved when Daniel Penny intervened to take down Jordan Neely because if the homeless man had gotten up, "who knows what he would have done."

"In that moment when Mr. Penny took him down, I did have a sense of relief that the threat was gone," Schrunk said as she was questioned by Penny's defense lawyer.

A new witness Thursday testified that she had "a sense of relief that the threat was gone" when Penny intervened to take down Neely, saying if the homeless man had gotten up, "who knows what he would have done."NYC Courts
"If [Neely] would have gotten up, who knows what he would have done?" she said.

Schrunk said when Neely — who had "visibly soiled sweatpants" — started raving on the subway car, it was the first time in her life she thought "I might die."

She also said she didn't think that Penny looked like he was harming Neely, it didn't look like he was squeezing the troubled man's neck, and she didn't believe Neely's death would be the outcome that day.

Penny's lawyers have maintained that their client sprang into action to protect riders and that he shouldn't be held criminally responsible.

Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

 

[Izzylizzy]

Ohh, so the Marine trained in medical first aid wasn't the one to get JN on his side after he finally released his chokehold.

minutes ago

Daniel Penny told subway rider not to try to help Jordan Neely after releasing him from chokehold​

By Kyle Schnitzer and Priscilla DeGregory
"Witness Johnny Grima testified that Daniel Penny told him to stop when he poured water on the forehead of a "limp" Jordan Neely to wake up the homeless man who Penny just released from a chokehold.

Grima, who has been homeless himself in the past, was riding the subway on his way home from checking on homeless people in Tompkins Square Park.

After the F train he was riding stopped, Grima walked up to the car where the commotion was and saw Penny release his grip on Neely.

"He finally did let him go," Grima said. "Neely fell nimbly to the ground."

Grima interjected to say that Neely -- whom he didn't know -- should be put on his side and he eventually pours some water on Neely's head to try to awaken him.

"Daniel Penny came and told me to stop when I did that," Grima recalled.

"I already felt some way about him. I didn’t like him," Grima said. "It’s something like you know when you have, like an abuser abusing someone and they’re not trying to let anyone near the abused?"

"The guy who’s choking him out won’t let anyone near? That’s weird. That’s wrong," Grima said.


Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

 

[Izzylizzy]

7 minutes ago

'I had him pretty good,' Daniel Penny can be heard saying of Jordan Neely on body cam footage​

By Kyle Schnitzer, Melanie Marich and Priscilla DeGregory
Daniel Penny could be heard on an officer's body cam footage saying he had fatal chokehold victim Jordan Neely "pretty good."

The jury was shown a video taken from NYPD Officer Isatou Ceesay body camera of Penny chewing gum while describing to the cop what went down moments before with a troubled, homeless Neely.

"I asked him if he saw what happened," Ceesay said of his conversation with Penny.

Penny told Ceesay that Neely "came on the train, he was throwing s--t. He said he was ready to die, to go to prison for life," Ceesay recalled.

"Yeah, he was just on the ground, he was trying to roll up, I had him pretty good. I was in the Marine Corp," Ceesay said Penny told him.

The conversation was confirmed for the jury through Ceesay's body cam video.

Then Penny could be seen standing over Neely's body for a while, watching while first responders performed CPR.

After a lunch break, two other NYPD officers testified about various 911 calls that came in about the Neely incident.'



Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

 

[Izzylizzy]

So according to the defense witnesses can only express how they felt/feel if it aligns with Penny the good Samaritan who came to the aid of the so-far only female witnesses who were afraid for their lives.
Nope,


7 minutes ago

Daniel Penny's lawyer blasts prosecutors for 'incendiary openings,' allowing witnesses to reinforce 'white vigilante' narrative​

By Kyle Schnitzer, Melanie Marich and Priscilla DeGregory
After jurors were sent home for the day, Daniel Penny's lawyer, Thomas Kenniff, asked the judge to declare a mistrial based on prosecutors' alleged "incendiary opening statements" and for allowing witness testimony to reinforce the narrative that Penny was a "white vigilante."

Kenniff said prosecutors "repeatedly allowed" witness Johnny Grima to refer to Penny as a "murderer" and another witness Moriela Sanchez to describe him as a "white man" during testimony Thursday.

The defense attorney said this testimony along with opening statements by prosecutors Friday meant that Penny wasn't getting a fair shake.

Kenniff accused the District Attorney's office of trying to paint Penny as "a vigilante, a white vigilante."

"Now the DA has put that right in front of them to reinforce a narrative… that this architecture student who served his country admirably that was on the train with an unhinged nut job – according to witnesses… is a vigilante," the defense lawyer said.

"There's no longer any way that my client can get anything resembling a fair trial at this point given what has happened over the last few days," Kenniff claimed.

Judge Maxwell Wiley denied the motion for mistrial.'


Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

 

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[Izzylizzy]

36 minutes ago

'Scared mom testifies she barricaded 5-year-old son behind stroller to shield him from 'unhinged' Jordan Neely'​

By Kyle Schnitzer, Ben Kochman and Priscilla DeGregory

'A mother described to jurors being so scared of a "belligerent and unhinged" Jordan Neely that she barricaded her 5-year-old son behind his stroller.

Lori Sitro, a research director and mother of two, had been on the uptown F train taking her young son to a therapy appointment when she noticed a "commotion" from Neely, who had begun shouting.

“He was shouting in people's faces," Sitro recalled of Neely, who she said yelled, "'I don’t have water, I don’t have food, I don’t have a home ... I want to go to Rikers, I want to go to prison.'"

Neely started "lunging" in different people's directions, Sitro said, later demonstrating the movement for jurors.

"He was very erratic and unpredictable," she said.

“It felt very scary," the mother recalled. "It was increasingly loud and it felt increasingly threatening. I would describe it as belligerent and unhinged. I actually took the stroller that I had and put it in front of my son to create a barrier of sorts.”

Sitro acknowledged that Neely didn't lunge at her or threaten to kill her, as manslaughter suspect Daniel Penny's lawyer claimed in opening statements.

Still, once Penny intervened to stop Neely, Sitro said, "I felt very relieved because I was scared for my son."

Penny's lawyers have said he shouldn't be held criminally liable for Neely's death since he was simply acting to protect other riders.'

Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

Follow The Post’s live updates from the courtroom as Daniel Penny, 26, stands trial for manslaughter after putting homeless man Jordan Neely, 30, in a chokehold onboard the subway in 2023.

nypost.com

 

[Izzylizzy]

20 minutes ago

'I’ve seen a lot of unstable people. This felt different,' says mom who barricaded her 5 year old from Neely​

By Ben Kochman, Kyle Schnitzer and Priscilla DeGregory
Witness Lori Sitro said even though she had seen many troubled people during her 30 years riding New York City subways, Jordan Neely's rant "felt different" and scary enough to barricade her 5-year-old son.

“No, I did not feel safe when he was moving around erratically," Sitro said. "I’ve taken the subway for 30 years and I’ve seen a lot. I’ve seen a lot of unstable people. This felt different to me."

“I felt concerned, concerned enough to put a barrier in front of my son," the mother said, adding her fear of Neely was next-level.

She said Neely was coming within a foot or closer to people's faces on the F train subway car he was riding and she was scared of what he might do.

And when Marine veteran Daniel Penny intervened she was relieved.

She said it didn't seem like Neely was resisting much against Penny — who put the troubled homeless man in a chokehold — and it didn't seem like Neely's breathing was under distress.

Sitro said she didn't think Penny was trying to choke Neely and was "shocked" to learn he died from the maneuver.'

Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

Follow The Post’s live updates from the courtroom as Daniel Penny, 26, stands trial for manslaughter after putting homeless man Jordan Neely, 30, in a chokehold onboard the subway in 2023.

nypost.com

 

[Izzylizzy]

7 minutes ago

Witness testified he was 'shocked' to read Post article that Jordan Neely died​

By Kyle Schnitzer, Ben Kochman and Priscilla DeGregory
A Brooklyn man told jurors that he rode the subway train where and unhinged Jordan Neely "terrified" him and he was "shocked" to learn later that day, after reading a Post article, that the homeless man had died.

"I was shocked," said Dan Couvreur of learning of Neely's death later in a Post online article just hours after riding the train with him.

Couvreur -- a 29-year-old tech company founder -- said he was pretty close to Neely when he first went off, throwing down his jacket in an "extremely aggressive" manner.

"As soon as [the jacket] hit the ground," Couvreur said. "I could tell it was going to be bad."

"I wanted to be as far away as possible," said the 7-year Big Apple resident.

"I’ve ridden the subway to and from work … this was another scale of the desperation he had in his voice, the anger, the aggressiveness," Couvreur described.

"I was pretty terrified."

Courvreur described Daniel Penny taking Neely down to the floor and then exiting the train as fast as he could once it stopped to notify the cops.'

Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses

Follow The Post’s live updates from the courtroom as Daniel Penny, 26, stands trial for manslaughter after putting homeless man Jordan Neely, 30, in a chokehold onboard the subway in 2023.

nypost.com

 

[Izzylizzy]

The ONLY issue at play here from the very beginning is whether Penny should have kept Neely in a chokehold for as long as he did until Neely was dead.

Various arguments here are irrelevant. No one was terrified after Penny put Neely on the floor and restrained him, ultimately with help from two other men. Penny’s wild talk was no longer an issue. No one needed to move to another car. They were able to get off the train while Penny was holding Neely down. There was no need for Penny and others to be aware of Neely’s mental illness and arrest history. He appeared to be a threat and Penny dealt with it quickly. There was no reason for Penny to restrain Neely with a chokehold until he died.

If Neely had continued to fight, he was outnumbered by Penny and the other two men. With the help of the two other men Penny could have continued to restrain Neely until LE arrived WITHOUT keeping him in a chokehold. Anyone with any awareness of George Floyd/Derek Chauvin would have to know how dangerous this was. Not to mention Penny was warned it could be fatal. What on earth was he thinking?!

I would have been appreciative of Penny restraining Neely until LE arrived. I don’t think he intended or set out to kill Neely. BUT, his action of maintaining the chokehold was unnecessary and is at the root of the charges and is the ONLY relevant issue regarding his guilt or innocence.

As a reminder, this is what Penny is charged with:
'Manslaughter in the second degree'
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 125

§ 125.15 Manslaughter in the second degree.

A person is guilty of manslaughter in the second degree when:

1. He recklessly causes the death of another person; or

3. He intentionally causes or aids another person to commit suicide.

Manslaughter in the second degree is a class C felony.

SECTION 125.10
Criminally negligent homicide
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 125

§ 125.10 Criminally negligent homicide.

A person is guilty of criminally negligent homicide when, with
criminal negligence, he causes the death of another person.

Criminally negligent homicide is a class E felony.
The New York State Senate
————————-
Recklessly— recklessly
in a way that is dangerous and shows that you are not thinking about the risks and possible results of your behavior:

Criminally negligent— What Is Criminal Negligence?
Criminal negligence (sometimes called culpable negligence) refers to a defendant who acts in disregard of a serious risk of harm that a reasonable person in the same situation would have perceived. Another common definition includes an act that amounts to a gross deviation from the general standard of care.

This: ^^^^^^^^
And that is why Penny is charged with Manslaughter 2nd degree & Negligent Homicide.
As we will see at closing the prosecution's power points and every step of the way where the Marine Penny who was trained in lethal force went legally wrong leading to the death of Jordan Neely.

 

[Izzylizzy]

20 minutes ago

'Daniel Penny's lawyer asks to strike testimony of witness who 'repeatedly' called Penny 'murderer'​

By Kyle Schnitzer and Priscilla DeGregory
Daniel Penny's lawyer, Thomas Kenniff, asked the judge to strike the testimony of a witness from Thursday who "repeatedly" called his former Marine client a "murderer."

Kenniff said Judge Maxwell Wiley should tell the jury to disregard the entire testimony of Johnny Grima, who witnessed the aftermath of Penny's chokehold of troubled homeless man Jordan Neely, on the grounds it was prejudicial.

“Allowing that testimony to stand where the prosecution witness ... repeatedly referred to my client as a murderer and so much more -- it’s not appropriate," the lawyer argued after a lunch break.

Wiley denied Kenniff's request.'

Daniel Penny trial live updates: Subway chokehold case resumes with prosecution witnesses​

 

[mickey2942]

The appeal issues just keep piling up.

 

[LinasK]

The appeal issues just keep piling up.

Which ones would those be?

 

[asmi106082]

Which ones would those be?

I am pretty sure that witnesses aren’t allowed to refer to a defendant as a murderer during their testimony. And in this case, he’s not even charged with murder. MOO but that was definitely prejudicial of this judge to allow the testimony to stand.

 

[Donswife48]

Next to testify was Johnny Grima, a 40-year-old Bronx resident who is unemployed but spends time working with the homeless. He served 13 months behind bars for bashing someone over the head with a baseball bat – but he claimed on the witness stand he didn't do it.

Grima said he didn't see the start of the altercation but arrived after the train's stopped and watched Penny let go of Neely, who was limp at the time.

Grima testified that he said outloud that they shouldn't leave Neely on his back while unconscious. He should be on his side so he wouldn't choke.

Grima, who poured water on Neely's head, testified that Penny was "flinging Neely’s limbs around carelessly" as he repositioner him on the subway car floor.

This isn't a witness, but someone who arrived after the fact. His testimony is weak. Daniel Penny trial: Subway madman raised fists before Marine vet's deadly chokehold, witness testifies

 

[Donswife48]

She said “thank you.”

A simple gesture, a short phrase.

That Alethea Gittings said it to Daniel Penny on May 1, 2023, meant a helluva lot. Perhaps the most important thank you of the 26-year-old’s life — at least from my vantage point on day four of Penny’s turbulent manslaughter trial.
Kenniff asked if it looked like “Danny was squeezing his neck.” She replied no.

She said Neely put up a struggle, until he didn’t anymore. She said that he didn’t look unconscious. “More like he was spent.” When they put him on the gurney, she “saw him move a little.”
Another witness Dan Couvreur testified he was “terrified” that day and Neely did not easily submit to Penny’s hold.

“No it was very much a struggle. I didn’t think [Penny] had control,” he said.

Another straphanger, Lori Sitro, recalled barricading her 5-year-old son behind his stroller. She said Neely was lunging at people, “shouting in their faces.”

Sitro and Couvreur testified they didn’t hear Neely gasping for breath or saying he couldn’t breathe. Both said they were shocked to learn of Neely’s death.

Subway rider thanked Daniel Penny for saving riders from Jordan Neely — possibly the most important gesture of his life

She said “thank you.” A simple gesture, a short phrase. That Alethea Gittings said it to Daniel Penny on May 1, 2023, meant a helluva lot. Perhaps the most important thank you of the 26…

nypost.com

 

[KooshBall]

So the pants were actually soiled before he was put in the chokehold?

 

[mickey2942]

I can't imagine the fear in a mother, when a person on the train flips out and starts threatening people. A child would have been vulnerable to Neely's rage and combative outburst. If I had been on the train in that situation with my kids, Penny would have had my blessing to get Neely away from being a threat.