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

[Izzylizzy]

Penny has tried to reinvent history a few times now.

'Penny Minimized Duration of Chokehold During Questioning, Video Shows'
'Daniel Penny’s subway-car struggle with Jordan Neely, who was homeless, ended in Mr. Neely’s death. Mr. Penny’s lawyers are asking a judge to exclude video of his discussing the encounter.'

snips:

"In a video of the interview shown in State Supreme Court in Manhattan on Thursday, Mr. Penny told the detectives he stepped in on May 1, 2023, because he felt that the homeless man, Jordan Neely, was acting erratically and “was absolutely killing someone” that day."

“As soon as those guys came in and held him, I let go,” Mr. Penny told the detectives, throwing up his hands and leaning back in his chair.

'But a four-minute video made by bystanders from the scene on an F train in Manhattan shows that Mr. Penny in fact continued to hold on.'

"They held on until 50 seconds after Mr. Neely became motionless."

Penny Minimized Duration of Chokehold During Questioning, Video Shows

 

[Izzylizzy]

Penny has tried to reinvent history a few times now.

'Penny Minimized Duration of Chokehold During Questioning, Video Shows'
'Daniel Penny’s subway-car struggle with Jordan Neely, who was homeless, ended in Mr. Neely’s death. Mr. Penny’s lawyers are asking a judge to exclude video of his discussing the encounter.'

snips:

"In a video of the interview shown in State Supreme Court in Manhattan on Thursday, Mr. Penny told the detectives he stepped in on May 1, 2023, because he felt that the homeless man, Jordan Neely, was acting erratically and “was absolutely killing someone” that day."

“As soon as those guys came in and held him, I let go,” Mr. Penny told the detectives, throwing up his hands and leaning back in his chair.

'But a four-minute video made by bystanders from the scene on an F train in Manhattan shows that Mr. Penny in fact continued to hold on.'

"They held on until 50 seconds after Mr. Neely became motionless."

Penny Minimized Duration of Chokehold During Questioning, Video Shows

 

[Izzylizzy]

Damn..NY is the only state that never allows TV coverage.

'Daniel Penny trial: Opening statements set for Friday in NYC subway chokehold death'

"The Manhattan District Attorney's office filed a motion accusing the defense of eliminating several potential jurors based on race."

cont:
https://www.fox5ny.com/news/daniel-...tements-set-friday-nyc-subway-chokehold-death

 

[Izzylizzy]

Here is what we know about the 12 jurors from their statements in court:

Juror 1 lives near Lincoln Center and works in marketing communications. She said she takes the subway three or four times a week and has seen outbursts.

Juror 2, who lives in Washington Heights, is a health-care worker who gets most of his news from television and online. He said he takes the subway four times a week and has never seen a disturbance from a rider.

Juror 3 is a software engineer from the East Village. The juror said he occasionally rides the subway and has never felt threatened.

Juror 4 lives in Yorkville and is an insurance lawyer. She said that a woman with a cart has rammed into her in a subway car, causing her to back away. “I didn’t fear for my life or anything like that,” she said.
Juror 5 is an Upper East Side resident and retired systems engineer. A homeless man who “seemed to be suffering from mental illness” once approached him for no apparent reason while he stood on a subway platform and harassed him, he told the courtroom.

Juror 6 is a retired public librarian and lives in Morningside Heights. She said that she rides the subway several times a week and has seen outbursts, but never felt personally threatened.

Juror 7 works in creative production and lives on the Upper West Side. He said that he takes the subway daily, but has never seen an outburst or felt harassed.

Juror 8 is retired and lives in the East Village. She said that she rides the subway less in her retirement, but has never had any problems in the past.

Juror 9 lives on the Upper West Side and worked in a school development office. She said that she rides the subway four to five days a week and has witnessed outbursts, but has never felt personally threatened.


10,11,12
cont

A Jury Is Set for the Trial of Daniel Penny, Accused in Subway Killing

Lawyers selected 12 Manhattanites and four alternates to hear a manslaughter case that divided the city. Opening statements will be Friday.

www.nytimes.com

 

[mickey2942]

I used to take transit all of the time in Miami, SLC, and Chicago. I was never threatened or even felt in danger. But, there are often unsheltered people riding, I didn't sit by them.

But, that doesn't mean that I don't believe that someone could be in danger. And I see this situation like being on an airplane, people are enclosed in an area they can't escape from. It would be a very powerless feeling. Especially for an elderly person.

 

[Ontario Mom]

Daniel Penny trial live updates: Opening arguments begin in subway chokehold death case Daniel Penny trial live updates: Opening arguments begin in subway chokehold death case​

 

[Izzylizzy]

I used to take transit all of the time in Miami, SLC, and Chicago. I was never threatened or even felt in danger. But, there are often unsheltered people riding, I didn't sit by them.

But, that doesn't mean that I don't believe that someone could be in danger. And I see this situation like being on an airplane, people are enclosed in an area they can't escape from. It would be a very powerless feeling. Especially for an elderly person.

Daniel Penny trial live updates: Opening arguments begin in subway chokehold death case Daniel Penny trial live updates: Opening arguments begin in subway chokehold death case​

Thanks so much.
I was looking for a media outlet that was doing trail "updates" and didn't find one.
One gets spoiled by livestreamed trials which is not allowed in NY.

 

[Rolypolyoly]

Penny has tried to reinvent history a few times now.

'Penny Minimized Duration of Chokehold During Questioning, Video Shows'
'Daniel Penny’s subway-car struggle with Jordan Neely, who was homeless, ended in Mr. Neely’s death. Mr. Penny’s lawyers are asking a judge to exclude video of his discussing the encounter.'

snips:

"In a video of the interview shown in State Supreme Court in Manhattan on Thursday, Mr. Penny told the detectives he stepped in on May 1, 2023, because he felt that the homeless man, Jordan Neely, was acting erratically and “was absolutely killing someone” that day."

“As soon as those guys came in and held him, I let go,” Mr. Penny told the detectives, throwing up his hands and leaning back in his chair.

'But a four-minute video made by bystanders from the scene on an F train in Manhattan shows that Mr. Penny in fact continued to hold on.'

"They held on until 50 seconds after Mr. Neely became motionless."

Penny Minimized Duration of Chokehold During Questioning, Video Shows

This is one of my issues with DP. He just doesn't seem remorseful that a man died by his hand, and he appears to believe that he did nothing wrong at all, that he couldn't have done anything different and that's just not true.
I believe he has stated he would do it again, and that's what worries me. He should have learnt something from this, but I don't think he has.
He made a split second decision in a stressful environment, and I applaud him for stepping up, but he had no prior experience or knowledge of JN or his previous record, and from witness descriptions nobody described a desperate situation where any kind of force was necessary, nevermind lethal force, but that it was happened. That is a decision that DN made, and then he made the decision to hold on waybpast the point his expert training told him was safe, and I just can't help wondering from his subsequent attitude whether he knew he was risking JN life and carried on regardless because he thought he would be hailed a hero and people would agree that JN loss if life was justified. For the record, I don't believe it was justified, even after knowing of Jordan's history. In that moment, he hadn't hurt or even attempted to approach anyone and for all anybody knew he could have had his rant and then moved on. I can agree there's an argument to support DP stepping in to diffuse the perceived threat, and even subduing him with the help of the other two men, but ultimately I don't believe his actions were right. They weren't. AJMO.

 

[Izzylizzy]

This is one of my issues with DP. He just doesn't seem remorseful that a man died by his hand, and he appears to believe that he did nothing wrong at all, that he couldn't have done anything different and that's just not true.
I believe he has stated he would do it again, and that's what worries me. He should have learnt something from this, but I don't think he has.
He made a split second decision in a stressful environment, and I applaud him for stepping up, but he had no prior experience or knowledge of JN or his previous record, and from witness descriptions nobody described a desperate situation where any kind of force was necessary, nevermind lethal force, but that it was happened. That is a decision that DN made, and then he made the decision to hold on waybpast the point his expert training told him was safe, and I just can't help wondering from his subsequent attitude whether he knew he was risking JN life and carried on regardless because he thought he would be hailed a hero and people would agree that JN loss if life was justified. For the record, I don't believe it was justified, even after knowing of Jordan's history. In that moment, he hadn't hurt or even attempted to approach anyone and for all anybody knew he could have had his rant and then moved on. I can agree there's an argument to support DP stepping in to diffuse the perceived threat, and even subduing him with the help of the other two men, but ultimately I don't believe his actions were right. They weren't. AJMO.

Good observations and points, I totally agree.

IMO:
DP was indifferent to the condition he left JN in when he was taken by an ambulance.

He still planned on taking a test that day.

I don't know when he was informed by LE that JN had died.

DP looked at JN as less than human, before during and after he killed him.


"Ms. Yoran said that the defendant himself believed that he wasn’t arrested, referring to a point when Mr. Penny asked detectives how long his interview would take, telling them that he had a test."

“But I’m not detained or anything,” he said.

Penny Minimized Duration of Chokehold During Questioning, Video Shows

 

[Ontario Mom]

Good observations and points, I totally agree.

IMO:
DP was indifferent to the condition he left JN in when he was taken by an ambulance.

He still planned on taking a test that day.

I don't know when he was informed by LE that JN had died.

DP looked at JN as less than human, before during and after he killed him.


"Ms. Yoran said that the defendant himself believed that he wasn’t arrested, referring to a point when Mr. Penny asked detectives how long his interview would take, telling them that he had a test."

“But I’m not detained or anything,” he said.

Penny Minimized Duration of Chokehold During Questioning, Video Shows

I'm curious how you came to believe DP considered JN as "less than human", as you state.
Is that based on comments he's made indicating such?

 

[Izzylizzy]

I'm curious how you came to believe DP considered JN as "less than human", as you state.
Is that based on comments he's made indicating such?

IMO:
When DP went to the police station he told LE that when JN entered the subway car he was a "crackhead" and he "just took him out".
How did he know that JN wasn't suffering from a mental illness,which he was and it's called Schizophrenia.
The autopsy report said that JN had synthetic K2 in his system but didn't state the % and K2 also stays in one's system so we don't know when it was taken.
When at the police station he asked LE if he was being detained or arrested because he had a test to take that day which shows that he was totally indifferent to the man he left on a floor unconscious and would find out (if he hadn't already) that JN had died and could put the days events behind him and take a test.
DP has been playing the victim of being persecuted for protecting everyone in the subway car from being killed because he said that was what he thought JN was going to do.

 

[Izzylizzy]

I'm curious how you came to believe DP considered JN as "less than human", as you state.
Is that based on comments he's made indicating such?

So Penny knew when he went to the police station that Neely was dead and he had killed him and he's concerning about missing a test.
Neely was just a "crackhead" to him so why sweat it, eh?


an hour ago
Bodycam video showing Neely lifeless as medics try to revive him is played for jurors: 'He's not breathing'
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 such as gum.

The video was played during the testimony of the first trial witness, NYPD Officer Teodoro Tejada, who told jurors he checked to see if Neely was alive but "he had no pulse."

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."

cont
Daniel Penny trial live updates: Opening arguments begin in subway chokehold death case.

 

[Dotta]

Daniel Penny court bombshell as bodycam shows victim 'still had pulse'

Penny, then 24, is accused of killing Neely by putting him in what prosecutors say was a fatal chokehold.

www.dailymail.co.uk

"Homeless man still had a pulse after chokehold that prosecutors say killed him."

 

[Ontario Mom]

So Penny knew when he went to the police station that Neely was dead and he had killed him and he's concerning about missing a test.
Neely was just a "crackhead" to him so why sweat it, eh?


an hour ago
Bodycam video showing Neely lifeless as medics try to revive him is played for jurors: 'He's not breathing'
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 such as gum.

The video was played during the testimony of the first trial witness, NYPD Officer Teodoro Tejada, who told jurors he checked to see if Neely was alive but "he had no pulse."

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."

cont
Daniel Penny trial live updates: Opening arguments begin in subway chokehold death case.

Okay, I see where you're getting this idea from. Except you're putting words into DP's mouth that he never actually said.

"Neely was just a "crackhead" to him so why sweat it, eh?" We don't know for a fact that he made any such statement in a dismissive way as you're suggesting. We can't possibly know what he was thinking or how he felt about what just happened.

I think most folks who've ever encountered a drug addicted person & their erractic, unstable, highly unpredictable and often violent behavior while under the influence would completely understand what he meant when he called him a crackhead. If he was acting like that (and from all accounts, he most certainly was) it makes perfect sense why he said that. It doesn't automatically mean he thought him less than human, nor did he ever imply he thought that.

jmo

 

[Izzylizzy]

Okay, I see where you're getting this idea from. Except you're putting words into DP's mouth that he never actually said.

"Neely was just a "crackhead" to him so why sweat it, eh?" We don't know for a fact that he made any such statement in a dismissive way as you're suggesting. We can't possibly know what he was thinking or how he felt about what just happened.

I think most folks who've ever encountered a drug addicted person & their erractic, unstable, highly unpredictable and often violent behavior while under the influence would completely understand what he meant when he called him a crackhead. If he was acting like that (and from all accounts, he most certainly was) it makes perfect sense why he said that. It doesn't automatically mean he thought him less than human, nor did he ever imply he thought that.

jmo

I disagree.
There are many people in NY who suffer from mental illness,live on the streets and behave like Neely did that day who aren't addicted.
Penny showed no concern or remorse at the scene or at the police station.

 

[Izzylizzy]

When bystanders begin testifing there will be those who say they feared for their lives and those that say it was just another day in the subway until Penny went behind Neely and put him in a chokehold.
According to NY laws on deadly force both claims by passengers are irrelevant it's what Penny did, continuing to keep Neely in a chokehold after he went limp and had the body/leg movements that indicated someone is near death.
Penny is also a trained Marine in deadly force and should have known better, much better,

33 minutes ago
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.'

 

[Izzylizzy]

LE aren't known to do mouth to mouth resuscitation anymore it's all CPR/chest compression today.
It's not even recommended.
5 minutes ago

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.

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.

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

 

[Izzylizzy]

Quite simple from a legal point.

'Assistant District Attorney Dafna Yoran said that while Penny’s initial intent to protect other passengers from someone he perceived as a threat was laudable, that praise vanished when he continued to hold onto Neely after he had lost consciousness and after the other passengers had safely exited the train car.

“A chokehold is only permitted when it’s absolutely necessary and only for as long as it’s absolutely necessary,” Yoran told jurors. “And here, the defendant went way too far.”


Daniel Penny trial begins with opening statements

 

[Izzylizzy]

Neely wasn't breathing when LE arrived and the Marine Penny who's trained in medical aid left him lying on the ground and wasn't doing CPR on him, just standing there chewing away.

Video shows the long haul LE had when leaving their vehicle to get down into the subway car.
Penny was never concerned about what he did to Jordan Neely,then or now.

scroll down to LE video.

Daniel Penny trial live updates from Nov. 1

Follow The Post’s live updates for the latest news from the trial, in which Daniel Penny is accused of manslaughter for placing Jordan Neely in a chokehold after the homeless man acted erratically …

nypost.com

 

[Ontario Mom]

Penny was never concerned about what he did to Jordan Neely,then or now.

Do you have a link to confirm this statement, or is this your opinion?