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The Manhattan trial of subway vigilante Daniel Penny opened Friday in the manslaughter case against the now 26-year-old, who put Jordan Neely in a deadly chokehold after the homeless man made threats on a crowded train car in 2023.

Lawyers for Penny, a Long Island native who served in the Marine Corps, told jurors Friday that “there was only one thing that Daniel Penny could do” as a disturbed Neely ranted and raved on board the train, terrifying straphangers and saying, “I will kill.”

Prosecutors maintained that the chokehold was “unnecessary,” telling the jury Penny “went too far,” and kept Neely in the chokehold even after the troubled man lost consciousness.

What to know about the Daniel Penny case

First day of trial wraps with 2 brief MTA witnesses

By Kyle Schnitzer and Priscilla DeGregory

The first day of trial ended around 4:24 p.m. after two brief MTA witnesses were called to talk about the transit authority's inner workings.

Maintenance superviser Michael Ramjattan and train dispatch employee Cecil Postell were the last people called to the stand, rounding out the day with a total of five witneses.

Trial is slated to pick up again Monday morning.

'My man! Stay with me!' officer can be heard saying to Jordan Neely in body cam footage played for jury

By Kyle Schnitzer

The jury was shown chaotic footage taken from the body camera of NYPD Officer Dennis Kang as he tried to wake up Jordan Neely.

pic from video of scene on subway car
Cops initially saw Neely lying almost face down on the floor before they "flipped him stomach side up and tried to wake him up," NYPD Officer Dennis Kang testified. NYPD

"My man! Stay with me ... yo!" Kang could be heard saying as he furiously shook Neely's stomach.

Kang and other officers initially saw Neely lying almost face down on the floor before they "flipped him stomach side up and tried to wake him up," Kang testified, recalling that the officers screamed at Neely to try to jolt him awake.

NYPD sergeant testifies why he opted to use Narcan on Jordan Neely during revival attempts

By Kyle Schnitzer

NYPD Sgt. Carl Johnson was asked by Manhattan ADA Dafna Yoran why officers opted to use Narcan on Jordan Neely.

“He was an apparent drug user and he was very dirty," Johnson testified. "I didn’t want my officers to put their lips on his mouth. They could get hepatitis or AIDS ... chest compressions would be enough to get him awake.”

Officers in bodycam footage can be seen giving Neely, a troubled homeless man, chest compressions but not mouth-to-mouth resuscitation.

screengrab from body cam footage
Officers in bodycam footage can be seen giving Jordan Neely, a troubled homeless man, chest compressions but not mouth-to-mouth resuscitation. NYPD

The sergeant was pressed by Penny’s attorney Thomas Kenniff during cross-examination about why they didn't use the resuscitation technique.

The officer said he didn’t have a mask to wear to protect himself from potentially being infected by any “number of diseases” and said it’s used when it’s reasonably safe to do so.

“There’s a certain line where you have to protect your officer. Look at 9/11. I wouldn’t want one of my officers getting sick from this," Johnson explained.

court sketch of penny and his attorney
The sergeant was pressed by Penny’s attorney Thomas Kenniff (pictured, as Penny sits nearby) during cross-examination about why they didn't use the resuscitation technique. Jane Rosenberg for NY Post

Jurors were also shown roughly three minutes of footage from the scene taken from Johnson's body camera.

Neely was lying on floor of subway car 'unresponsive': next witness

By Kyle Schnitzer and Tamar Lapin

The next witness to take the stand, Sgt. Carl Johnson, described arriving at the Broadway-Lafayette station to find Neely "laying on the subway car’s floor unresponsive.”

“I saw Mr. Penny standing above Mr. Neely," Johnson said when the prosecutor asked what else he saw.

Officers searched Neely's jacket and then administered Narcan, because “He seemed to be an apparent drug user and he was unresponsive," Johnson testified.

Johnson said he then asked Penny what happened.

“He told me Mr. Neely came into the subway car and was acting crazy and threatening people. And he put him in a chokehold," Johnson recalled.

'He's not breathing': Medics try to revive a lifeless Neely in NYPD bodycam video played in court

By Ben Kochman and Priscilla DeGregory

Jurors were shown bodycam footage of first responders trying to revive a lifeless Jordan Neely after Daniel Penny put the troubled homeless man in a chokehold.

"He's not breathing," one officer could be heard saying.

Medics could be seen in the video using different methods to try to bring Neely back, including chest compressions, CPR, a defibrillator machine and an injection of Narcan.

As the EMTs worked on Neely, a composed Penny could be seen calmly standing nearby chewing something that may have been gum.

body cam footage screengrab
In police bodycam footage shown in court Friday, first responders can be seen trying to revive a lifeless Jordan Neely. NYPD
body cam footage screengrab
As the EMTs worked on Neely, a composed Daneil Penny [pictured, wearing tan jacket] could be seen calmly standing nearby. NYPD

The video was played during the testimony of the first trial witness, NYPD Officer Teodoro Tejada.

Tejada also searched Neely for weapons but only found a muffin in his jacket.

At one point during the video, Penny could also be heard telling officers he "put [Neely] down."

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Jordan Neely says 'I will kill,' prompting Daniel Penny to intervene with the homeless subway rider: lawyer

By Ben Kochman and Priscilla DeGregory

When troubled subway rider Jordan Neely threatened "I will kill" on a crowded subway train, Daniel Penny felt he had to intervene to protect other riders, defense lawyer Thomas Kenniff told jurors.

"When Neely threatened to kill, there was only one thing that Daniel Penny could do,” Kenniff said.

Daniel Penny did 'what we would want someone to do for us': defense lawyer

By Ben Kochman and Priscilla DeGregory

When Daniel Penny intervened with troubled homeless man Jordan Neely, he "did for others what we would want someone to do for us," his lawyer Thomas Kenniff told jurors.

Kenniff described Neely as a raving lunatic who was terrifying passengers when he stepped onto a train and began ranting about serving prison time and threatening to take food and money from riders if they didn't fork it over.

When Neely eventually even threatened to kill, "there was only one thing that Daniel Penny could do," Kenniff said.

Daniel Penny's defense lawyer says victim Jordan Neely was 'seething, psychotic' when he got on train

By Ben Kochman and Priscilla DeGregory

Daniel Penny's defense lawyer, Thomas Kenniff, described chokehold victim Jordan Neely as "seething" and "psychotic" when he got on the train.

"As the subway doors close, a seething, psychotic Jordan Neely comes on board and announces his presence," Kenniff said.

The lawyer said the homeless Neely "whips his jacket over his head and slams it to the ground with such force that even people who don't see it, hear it."

Then Neely started demanding that people give him food and money and threatened to take it from them if they didn't, Kenniff described.

Neely began ranting about going to Rikers Island and getting a life sentence, the lawyer said, frightening passengers.

"Their fear turns to outright panic," the attorney said of the riders -- who included a mother who barricaded her baby behind a bench.

Jurors will be shown bystander videos of Daniel Penny putting Jordan Neely in chokehold

By Ben Kochman and Priscilla DeGregory

Prosecutor Dafna Yoran told the jurors they will be shown videos taken by two bystanders of Daniel Penny choking Jordan Neely.

One video was taken by Yvette Rosario, 17, who recorded as Penny was on the floor with Neely "holding him in a tight chokehold," Yoran explained.

court sketch
Prosecutor Dafna Yoran told the jurors they will be shown videos taken by two bystanders of Daniel Penny choking Jordan Neely. Jane Rosenberg

The footage shows Penny's left hand "anchored over his own right bicep," making it very difficult for Neely to escape, the prosecutor said.

The second video was taken by Mexican American journalist Juan Alberto Vasquez from the subway station platform.

Vasquez's video "is the most critical piece of evidence at this trial," Yoran said, adding it shows Neely's "life being snuffed out."

Daniel Penny 'didn't recognize Jordan Neely's humanity': prosecutor

By Ben Kochman and Priscilla DeGregory

Prosecutor Dafna Yoran claimed during her opening statements that trial evidence will prove that Daniel Penny killed Jordan Neely because "he didn't recognize his humanity."

"Mr. Penny was so reckless with Mr. Neely's life because he didn't recognize his humanity," the Manhattan assistant prosecutor told jurors of the Marine's act against the troubled homeless man.

She also said Penny knew the risks and knew that Neely could die if placed in a chokehold, but Penny "did it anyway" — an act that was "criminally reckless."

Prosecutor tells jurors they will see Jordan Neely's 'life being snuffed out'

By Ben Kochman and Priscilla DeGregory

ADA Dafna Yoran told the jury that they will see images of Jordan Neely's "life being snuffed out" when they are shown video taken by a bystander.

"You will see Mr. Neely's life being snuffed out with your own eyes," Yoran said of when they watch video taken by Mexican American journalist Juan Alberto Vasquez.

"You will see Mr. Neely's life being snuffed out with your own eyes," Manhattan ADA Dafna Yoran told jurors Friday about a video they will be shown in court. Jane Rosenberg

"His video is the most critical piece of evidence at this trial," Yoran said.

"You will see how unnecessary this chokehold was," the prosecutor added.

Prosecutor blasts Daniel Penny's 'indifference' toward Jordan Neely during openings

By Ben Kochman and Priscilla DeGregory

Manhattan Assistant District Attorney Dafna Yoran blasted Daniel Penny's "indifference towards" chokehold victim Jordan Neely as opening statements kicked off around 10:39 a.m.

"Here the defendant went way too far," Yoran told the jury. "His indifference towards Mr. Neely, the man whose life he was literally holding in his hands, caused him to disregard the most basic precautions and needlessly kill him, long after any threat he had posed."

Neely's father, Andre Zachary, was observing near the back of the courtroom gallery.

Dafna earlier said Penny "took it upon himself to take down Mr. Neely, to neutralize him" and the prosecutor said he continued "to choke Mr. Neely even after Mr. Neely had lost consciousness."

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