Marine veteran Daniel Penny, 26, is on trial for manslaughter in NYC after placing homeless man Jordan Neely in a deadly chokehold on the subway in May 2023.

On Friday, a mother testified that she used a stroller to barricade her 5-year-old from a “belligerent and unhinged” Neely, 30, who was lunging and shouting at train riders.

Another witness said she “was scared s–tless” as Neely ranted “I don’t give a damn. I will kill a motherf–ker,” and said she thanked Penny for intervening.

Neely 'scared the living daylights out of everybody,' Penny had him in 'not a hard chokehold': witness on bodycam footage

By Kyle Schnitzer and Priscilla DeGregory

Newly released bodycam footage taken from a cop responding to the scene where a lifeless Jordan Neely lay on a subway car floor shows a witness telling officers the raving homeless man had "scared the living daylights out of everybody'' moments before.

Alethea Gittings — who told jurors earlier Friday she was "scared s--tless" by Neely's rantings — could be seen on Officer Kristian Brito's bodycam footage giving a statement amid the ensuing mayhem.

"I think this guy was on drugs," Gittins told cops of Neely. "You know, because when he came in, he was unbelievably off the charts. He scared the living daylights out of everybody.’’

Gittings said Daniel Penny "took [Neely] to the ground and put him in a chokehold. Not a hard chokehold but just enough to secure him."

Gittings recounted Neely screaming earlier on the crowded uptown F train, " 'I'm willing to die! I'll do anything! I'm willing to die and go to jail! I don't care!' "

Neely "got belligerent, and [Penny] tackled him down," Gittins said.

Cop testifies that he thought after arriving to scene that Neely overdosed

By Kyle Schnitzer and Priscilla DeGregory

Daniel Penny's manslaughter trial wrapped up for the week Friday after the prosecution called two cops who showed up at the scene of Jordan Neely's death.

After the lunch break, the Manhattan District Attorney's Office called two police witnesses for brief testimony — one NYPD lieutenant who said he thought Neely had overdosed when he got to the scene, and another who testified about efforts emergency workers made to revive the troubled homeless man.

Before the break, jurors heard briefly from two MTA employees who were working on the train when Penny put Neely in a chokehold.

After the fourth day of trial Friday, jurors have now heard from 24 witnesses, most of whom where straphangers on the train during the fatal encounter, or first responders.

Judge denies defense's request to throw out testimony of witness who 'repeatedly' called Penny a 'murderer'

By Kyle Schnitzer and Priscilla DeGregory

Daniel Penny's lawyer, Thomas Kenniff, asked the judge to strike the testimony of a witness who "repeatedly" called his Marine vet client a "murderer'' Thursday.

Kenniff asked Judge Maxwell Wiley to 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.

Wiley denied Kenniff's request.

Subway rider was 'scared s--tless' of Neely, thanked Penny for intervening

By Kyle Schnitzer , Ben Kochman and Priscilla DeGregory

A woman on the same train as Jordan Neely said she was "scared s--tless" hearing his rantings from farther away on the subway car and she later thanked Daniel Penny for intervening.

Alethea Gittings, a daily subway rider, said she couldn't see the troubled homeless man from her vantage point in the train, but his tirade got "louder, much louder."

Alethea Gittings and jordan neely's father in court sketch
Alethea Gittings testifies Friday as Jordan Neely's father watches. Jane Rosenberg

She recalls Neely saying, "I don't give a damn. I will kill a motherf--ker. I'm ready to die."

"I was scared s--tless," Gittings said.

Gittings — who couldn't fully see the melee between Neely and Penny — said afterward she thanked the Marine veteran for stepping in.

daniel penny
A woman testified she was "scared s--tless" when Jordan Neely ranted "I will kill a motherf--ker. I'm ready to die," on the subway train, and thanked Penny (above) for intervening. William Farrington

Penny asked her if she would gave a statement to the police, and Gittings agreed to.

Asked on cross-examination by Penny's lawyer if Penny ever told her what to say to the cops, Gittings responded: "Never."

Witness 'shocked' to read Post article that Jordan Neely died

By Kyle Schnitzer , Ben Kochman and Priscilla DeGregory

A Brooklyn man who rode the train on which an unhinged Jordan Neely "terrified" him was "shocked" to learn later that day from the New York Post that the homeless man had died.

"I was shocked," Dan Couvreur said 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."

Witness Dan Couvreur  in court sketch
Witness Dan Couvreur said Friday he was "terrified" by Neely and "wanted to be as far away as possible" from him. Jane Rosenberg

"I wanted to be as far away as possible," said the seven-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."

Couvreur described seeing Daniel Penny take Neely down to the floor and then exiting the train as fast as he could once it stopped to notify the cops.

'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 for her 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."

Lori Sitro in court sketch
Witness Laurie Sitro demonstrates Friday how Neely lunged at passengers on subway car, as defendant Daniel Penny, left, and his attorney Thomas Kenniff watch. Jane Rosenberg

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

She said Neely was coming within a foot or less of 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 in distress.

jordan neely and daniel penny
Daniel Penny, right, and Jordan Neely in a screengrab of video taken by witness Juan Vazquez of the 2023 subway chokehold, shown in court on Monday. NYC Courts

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

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.'"

Lori Sitro in court sketch
Lori Sitro described to jurors being so scared of a "belligerent and unhinged" Jordan Neely that she barricaded her 5-year-old son behind his stroller. Jane Rosenberg

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 arrives at court for day 4 of manslaughter trial

By Kaydi Pelletier

Daniel Penny, 26, arrived at Manhattan Criminal Court on Friday morning for a fourth day of proceedings in the manslaughter trial against him.

Daniel Penny arrives at court in Manhattan on Friday. William Farrington

Prosecutors are set to call more witnesses today, after Penny's lawyers put in a failed bid for the judge to call a mistrial Thursday afternoon, citing "incendiary" opening statements by the district attorneys, and claiming the DA allowed testimony that reinforced a "white vigilante" narrative.

Another witness 911 call after fatal chokehold made public: 'He's trying to attack everybody'

By Ben Kochman

A witness on the subway car where Daniel Penny placed Jordan Neely in a fatal chokehold told cops that Neely was "trying to attack everybody," audio of a second 911 call made public Thursday reveals.

"He's trying to attack everybody," said Moriela Sanchez, now 18, in the call played for jurors at Penny's manslaughter trial in Manhattan.

Sanchez testified Thursday that she called 911 after fleeing the train car after Penny "dropped" Neely, who had been threatening passengers on the uptown F as it approached the Broadway-Lafayette station.

On the 911 call, Sanchez asks for police and an ambulance. The operator then asks her to describe the attacker, and to identify him by race.

"He's black... they are holding him down right now," Sanchez responds.

"There's one white man holding the homeless guy down," she adds, in an apparent reference to Penny.

Jordan Neely's uncle praises prosecution: 'The truth will come out'

By Melanie Marich

Jordan Neely's uncle, Christopher Neely, told reporters after court that he is supportive of the prosecution.

"I think the prosecution is doing a lovely job, actually. I think that no matter how much somebody tells a lie, the truth will always come out, and that's exactly what happened today," he said.

"The truth will come out. I believe in the prosecution and I'm looking forward to the justice for Jordan."

Jordan Neely
Jordan Neely at age 26. He was 30 when he died on May 1, 2023. Provided by Carolyn Neely

Teen girl's 911 call over Daniel Penny's chokehold of Jordan Neely made public

By Kyle Schnitzer and Priscilla DeGregory

The audio of the call that teen Ivette Rosario made during Daniel Penny's chokehold of troubled homeless man Jordan Neely has been released.

A jury heard Rosario's 911 call on Monday during her testimony that she was so scared by a raving Neely that she "thought [she] was going to pass out."

“There’s a guy on the train saying that he was ready to go to jail, he was going to harm people on the train," Rosario can be heard saying in the call with a 911 operator. "So a guy he steps in and now he’s holding him down."

"The one making the harm, he's black," Rosario says.

Rosario also took video with her cellphone that was shown to the jury Monday of the melee.

Ivette Rosario, who made the 911 call released Thursday. She's pictured leaving court after testifying Monday. Gregory P. Mango

Penny's lawyer pushes for mistrial, citing DA's 'incendiary openings,' testimony reinforcing '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.

Thomas Kenniff and daniel penny in a court sketch
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." Jane Rosenberg

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.

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