New Bodycam Footage Could Change Everything As Daniel Penny Faces NYC Trial

Newly released police bodycam footage from the NYC subway incident involving Marine veteran Daniel Penny could play a crucial role as his trial for manslaughter approaches. Penny, charged by Manhattan DA Alvin Bragg with manslaughter and criminally negligent homicide, is accused of using a chokehold that led to the death of homeless man Jordan Neely in May 2023. However, new bodycam footage now shows witnesses defending Penny’s actions, portraying him as protecting passengers from a volatile threat shortly after the incident.

Witnesses in the footage described Neely as behaving erratically and expressing a willingness to die, raising fears among subway riders. One passenger recounts that Neely was “being belligerent” and that “the whole train was freaked out. He was going to, like, pull a gun or knife.” Neely was heard repeatedly shouting, “I’m willing to die,” which reportedly intensified the alarm among passengers.

Notably, the footage captures witnesses commending Penny’s approach to restraining Neely. One witness commented, “The guy in the tan [Penny] did take him down really respectfully… he didn’t choke him.”

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Witness accounts consistently describe Neely as behaving unpredictably, with one passenger remarking, “He scared the living daylights out of everyone.” Several people suggest Neely may have been under the influence of drugs at the time. “He was unbelievably off the charts,” one witness states, adding, “I think this guy was on drugs.”

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According to the footage, Penny did not appear to apply a forceful chokehold but rather secured Neely with restraint, seemingly aiming to prevent harm. The tape captures people discussing how Penny took Neely to the ground without excessive aggression. “Not a hard choke hold, just enough to secure him,” said one witness. The trial could hinge on the interpretation of Penny’s actions as either excessive or necessary under the circumstances.

A 26-year-old ex-U.S. Marine, Penny faces charges related to the death of Neely, a 30-year-old homeless man. The trial began on November 1, as both the prosecution and the defense delivered their opening arguments. The prosecution claims that Penny recklessly maintained the chokehold for nearly six minutes, continuing even after Neely had become unresponsive. They argue that this excessive use of force was unwarranted and directly caused Neely’s death.

On the other hand, the defense characterizes Penny as a responsible citizen who stepped in to shield fellow passengers from Neely’s threatening behavior. According to the defense, Penny’s actions were a justified response to Neely’s aggression. Several witnesses have testified about their fear during the episode, with some noting that Penny’s intervention brought them relief.

This high-profile case has captivated public interest, spotlighting ongoing issues around mental health, homelessness, and safety in city settings. Penny could face up to 15 years in prison if convicted on charges of second-degree manslaughter and criminally negligent homicide.

Witness Lauri Sitro shared her experience on Friday, noting her extensive history with subway commuting. “In 30 years of subway riding, I’ve seen a lot of unstable people, but this felt different,” she said.

During her testimony under cross-examination, Sitro was concerned for her young child’s safety. “I was scared for my son,” she revealed. “It’s not like you can take a 5-year-old and run to the next train.” She added a note of relief regarding the intervention that occurred: “I felt very relieved when Daniel Penny had stopped him from moving around sporadically.”

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