New Footage Of Fatal NYC Subway Incident Emerges Ahead Of Daniel Penny Trial

New footage of the interaction between former Marine Daniel Penny and New York City Police officers reveals what Penny said in his first interview with law enforcement after the death of Jordan Neely, who died after he was placed in a chokehold by Penny. The former Marine is currently facing manslaughter charges in connection with Neely’s death.

“I just put him out,” Penny told officers on the Broadway-Lafayette platform last May. The statement was among several pieces of evidence that his lawyers are hoping to keep out of Penny’s manslaughter trial, which begins later this month.

The New York Post reported that Penny calmly watched on as prosecutors played the body cam footage from a responding officer, as well as footage of his interrogation later that night. The former Marine insisted that he did not mean to hurt Neely and was simply attempting to protect himself and other passengers after Neely threatened multiple people on the train.

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Daniel Penny is a hero.

Penny, who has pleaded not guilty to second-degree manslaughter, was told to return back to court in… pic.twitter.com/JXazpf2YFj

— Collin Rugg (@CollinRugg) January 17, 2024

“I wasn’t trying to injure him,” Penny told detectives. “I was just trying to keep him from hurting anyone else. He was threatening people.”

Penny added, “I’m not trying to kill the guy. I’m just trying to deescalate the situation.”

The 25-year-old is currently facing second-degree manslaughter charges brought against him by Manhattan District Attorney Alvin Bragg. The D.A.’s office has accused Penny of “recklessly” causing Neely’s death for six minutes, past the point where Neely stopped “purposeful movement.”

Penny’s attorneys have argued that his actions were justified. Multiple witnesses have attested to Neely’s threatening behavior leading up to the fatal incident, including one who stated that Neely was shouting things like, “someone is going to die today!”

Others described Neely’s behavior as “extremely threatening” while one witness stated that they “hid and prayed” until Penny stepped in. Others have stated that they were not threatened by Neely, court papers have revealed.“For me, it was like another day typically in New York,” one witness told the grand jury.

Penny’s attorney, Thomas Kenniff, wants the bodycam footage barred from trial since it contains candid statements from his client that were made before he was read his rights. Penny’s legal team also wants the footage of the interrogation to be hidden from jurors, arguing that their client’s arrest was illegal.

The interrogation begins with 5th Precinct Detective Michael Medina, who is also a former Marine, casually chatting with Penny about his time in the service. Penny then described Neely’s threatening behavior in detail and went so far as to act out the incident for detectives, including the chokehold he used.

“I’m not an agitator trying to attack people,” Penny says in the video, according to the New York Post. “I just felt that this guy was going to kill people.” The interrogation then ends abruptly when Penny, who seemingly detected that he may be in legal trouble, asked if he was being detained and demanded a lawyer.

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