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

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  • #721
This is the first 8 mins of a 30 min video of DP's interrogation with detectives, with captions that make it clear what's being said.
At the time LE knew that JN had died but hadn't told DP.
Not once in the video does DP ask detectives the condition of JN and I haven't seen any reports on how long DP stayed at the subway watching medics try to resuscitate JN .
He might have known that JN was dead or had concerns he was but never asked.

It's no wonder the defense tried to keep this video from being entered as evidence, to no avail though.

Especially @ 5:40 its a "Houston we've got a problem" for DP..a few big problems.

I don't think this is the flex you seem to think it is. In fact, I've seen countless people comment on it after watching, and they have even more charity toward DP than they did before.

To me, this sounds like a decent guy trying to do a decent thing. That's it.

jmo
 
  • #722
I don't think this is the flex you seem to think it is. In fact, I've seen countless people comment on it after watching, and they have even more charity toward DP than they did before.

To me, this sounds like a decent guy trying to do a decent thing. That's it.

jmo
What comments say shouldn't be an indicator of guilt - this isn't a popularity contest but a matter of law.

I haven't seen the videos that bystanders took. Does DP's rendition match what was filmed in real time?

jmo
 
  • #723
What comments say shouldn't be an indicator of guilt - this isn't a popularity contest but a matter of law.

I haven't seen the videos that bystanders took. Does DP's rendition match what was filmed in real time?

jmo

Not as far as I can tell! He quite clearly says that he asked the other two guys if they have him, and then he let's go as soon as they confirm they have him. He also says Neely was still moving around. Another untruth, because Neely was definitely not moving when Penny finally let go of him.

No doubt this will get put down to adrenaline, not being able to recall everything exactly etc, but to me it sounds like cya mode.

Funny how his recollection in the video is much more confident when asked about Neely's actions than when his own were called into question.

As always, my own interpretation and JMO.
 
  • #724
What comments say shouldn't be an indicator of guilt - this isn't a popularity contest but a matter of law.

I haven't seen the videos that bystanders took. Does DP's rendition match what was filmed in real time?

jmo
Of course it's not a popularity contest, that wasn't my point. The OP posted it calling into question DP's character for not once asking about the condition of JN. The fact is, if you watch the video, you can see it's been edited with sections removed. We don't actually know what was said before, during (the sections removed) or after. All we see is DP recalling what he remembers happening & why he did what he did.

In my observations, many seeing it for the first time tend to have a more favorable reaction to DP because he comes across like a truly decent guy.

From all the video evidence I've seen & testimony from folks on the train, yes, IMO, DP's rendition matches.
 
  • #725
Of course it's not a popularity contest, that wasn't my point. The OP posted it calling into question DP's character for not once asking about the condition of JN. The fact is, if you watch the video, you can see it's been edited with sections removed. We don't actually know what was said before, during (the sections removed) or after. All we see is DP recalling what he remembers happening & why he did what he did.

In my observations, many seeing it for the first time tend to have a more favorable reaction to DP because he comes across like a truly decent guy.

From all the video evidence I've seen & testimony from folks on the train, yes, IMO, DP's rendition matches.

I believe the link I posted yesterday from the daily mail contains the full video, right up until they cut the part where he asks for a lawyer. At no time did Penny ask about Neelys condition.
Let me check again.
 
  • #726
I believe the link I posted yesterday from the daily mail contains the full video, right up until they cut the part where he asks for a lawyer. At no time did Penny ask about Neelys condition.
Let me check again.
The Daily Mail has the 30 min video that was shown to the jurors?
The one that the court released yesterday.
In it DP never once inquires about JN .
 
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  • #727
Here we go.
Guess the defense's expert never heard of someone being strangled to death at the end of a 6 min chokehold.

This testimony sure lacks any medical date about deaths from sickle cell/K2/or a psychotic episode from paranoid schizophrenia when in a 6 min chokehold.


 
  • #728
I believe the link I posted yesterday from the daily mail contains the full video, right up until they cut the part where he asks for a lawyer. At no time did Penny ask about Neelys condition.
Let me check again.
I've not seen that link but I'll take your word for it, that he never asked.
So? Whether he did or not has literally no bearing at all on what happened.
Maybe he thought he was fine?
Maybe he was so focused on what the officers were asking it never crossed his mind?
Maybe it's one of a million other reasons?

Either way, and for whatever reason he didn't ask, means nothing in light of what he's actually being charged with and on trial for.
 
  • #729
The Daily Mail has the 30 min video that was shown to the jurors?

Now that I think about it, I don't think it was the DM, but I definitely posted a link that contained the video last night. I will check my posts....
 
  • #730
Here we go.
Guess the defense's expert never heard of someone being strangled to death at the end of a 6 min chokehold.

This testimony sure lacks any medical date about deaths from sickle cell/K2/or a psychotic episode from paranoid schizophrenia when in a 6 min chokehold.


From your link:

Dr. Satish Chundru is an expert based in Texas who says there's no way Jordan Neely died from a chokehold.

Dr. Chundru testified in a chokehold death there a two phases, the first phase is unconsciousness, and the second phase is death.

After reviewing the cell phone video, Chundru says because Neely was not rendered unconscious first, a chokehold has to be ruled out as a cause of death.
 
  • #731
  • #732
From your link:
Medically that makes no sense.
We saw JN go unconscious when it the choke and DP held him there for another 50+ secs.
JN went unconscious and then died,.

When LE arrive JN was unconscious not breathing with a slight pulse which soon vanished, brain dead according to Dr Harris.
The videos show JN being slowly strangled to death by DP's arm around his neck and 2 other guys holding him down and became unconscious then died.
The reporting in this article is worse then usual so it's a wait for better reporting and what the prosecution did on cross.
 
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  • #733
Again this also makes no sense, medically or otherwise yet the defense keeps trying.
You can't eliminate the 6 minute chokehold and claim it was JN's mind/drug or sickle cell that killed him and the lack of oxygen from the choke played no role.

"Penny's lawyer Raiser: Let's do some hypos - a person is high on K2, and psychotic, and is restrained and dies. Also, a person is in a sickling crisis and is restrained and dies. Are these chokehold deaths?Penny's medical examiner: No."
 
  • #734
  • #735
Maybe I missed it but I don't recall that JN said he was going to kill somebody, only to the effect that he was (paraphrased) " ... hungry, thirsty, had little to live for, would take a bullet, didn’t care if he died or went to jail".

Just wanting clarification for the record going forward, so would appreciate a link if someone can drum one up.

Thanks !!

Here are witness quotes from the msm articles previously posted on this thread and their links.

Oddly it turns out “Danny” himself is the source for the will kill someone direct quotes.


Neely said he was homeless, hungry and "didn't care about going back to jail," Rosario told jurors.
[…]
Neely did not approach or touch anyone, and did not appear to be carrying a weapon, she said.

Daniel Penny trial live updates from Nov. 4


On May 1, Jordan Neely, was on a Manhattan F train and had been reportedly screaming about being hungry, thirsty, and tired when he was pinned down and placed in a chokehold by Penny.
[…]

“From what I understand, Jordan Neely did want help at the time that he was killed. He was expressing his frustration of not being able to get to some of the basic items of survival that any human being needs,” Giffen adds.

Ex-Marine Charged in Jordan Neely Death. Here’s What to Know

[...]
“At that moment Danny sees a mother barricading her son behind a stroller just as Mr. Neely appears to go for them,” Kenniff said. “(Danny) hears the words, ‘I will kill.’
[...]
https://www.cnn.com/2024/11/01/us/daniel-penny-trial-jordan-neely-death/index.html

[...]
I actually took the stroller that I had and I put it in front of my son to create a barrier of sorts, you know, because I didn’t know what was going to happen,” she testified.

“Did Mr. Neely ever lunge at you and say: ‘I will kill?’” prosecutor Jillian Shartrand asked.

“No, he did not,” Sitro testified.


Gittings, Couvreur and Sitro testified that they did not see Neely carrying a weapon or directing his ire at anyone in particular. He was not armed, jurors have been told.
[...]
Subway riders recall chaotic scene before Daniel Penny put Jordan Neely in chokehold



[...]
Neely walked into a moderately packed subway car and began screaming threats. He talked about being hungry and thirsty. His voice was loud, the prosecutor said.
[…]
Kenniff said. (Danny) hears the words, ‘I will kill.’
[…]
“I don’t care if I die. I don’t care if I go to jail,” Neely said, according to Vazquez.
[…]
Neely, a Michael Jackson impersonator, shouted at passengers that he was hungry, thirsty and tired of having nothing, and he threw his jacket on the train’s floor, according to Juan Alberto Vazquez, a witness who filmed the incident.
[…]
“Many witnesses relayed that Mr. Neely expressed that he was homeless, hungry, and thirsty. Most recount that Mr. Neely indicated a willingness to go to jail or prison,” the prosecutor wrote in the filing.
[…]
Penny told police Neely was “irate” and “threatening everybody”
[…]
None of the witnesses said Neely had physical contact with anyone before Penny came up behind him, according to the prosecution filing.

Daniel Penny trial: Defense lawyers argue he protected others, prosecutors say he ‘went too far’ as NYC subway manslaughter trial begins | CNN


[...]
Penny, who served in the Marines for four years and was discharged in 2021, has said he acted to protect himself and others from Neely. In a video statement released by his lawyers weeks after the incident, Penny claimed Neely repeatedly said “I’m gonna kill you,” and that he was ready to die or spend his life in prison.

According to court filings released Wednesday, Penny spoke to five officers inside the subway station and then made a videotaped statement to two detectives at a police precinct. The details of Penny’s comments to the officers and the transcript of his
interview were not disclosed in the court filing. In brief summaries, however, authorities said Penny had admitted coming up behind Neeley and placing him in a chokehold, telling them, “I just put him out.”

They said Penny claimed Neely was throwing things, was “threatening everybody,” was “ready to die” and was “ready to go to prison for life.” There is no specific mention in the summaries of Penny saying he heard Neely threaten to kill people.

Mark Bederow, a former assistant district attorney in Manhattan, said Penny’s public comments about Neely’s alleged death threats were key to his defense, and that it could undermine his case if he did not make the same statements to police.

“He’s acknowledging in all these statements that he came upon Neely from behind, took him down and put him out, and there’s nothing there about him being personally threatened,” said Bederow, who has seen the summaries but not Penny’s full statements. Based on those summaries, “the statements he made to police don’t seem to support the use of deadly physical force.”
[..]
Daniel Penny pleads not guilty in NYC subway chokehold death of Jordan Neely

[...]
"Some guy came in, whipped his jacket off, he was like 'I'm going to kill everybody, I'm gonna, I could go to prison forever, I don't care.' At that point I looked at the person next to me, I was like 'hang onto this phone for me,' and I just kind of grabbed him from behind," Penny said in the interrogation video. "Cause he was acting like a lunatic, like a crazy person."
[...]
Daniel Penny misused combat technique in deadly subway chokehold, trainer testifies

[...]
They note that many witnesses relayed that Neely expressed that he was homeless, hungry and thirsty, and most of the witnesses recount that Neely indicated a willingness to go to jail or prison.

Some witnesses report that Neely threatened to hurt people on the train, while others did not report hearing those threats.

Some witnesses told police that Neely was yelling and harassing passengers on the train; however, others have said though Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent.

Some passengers on the train that day said they didn't feel threatened -- one "wasn't really worried about what was going on" and another called it "like another day typically in New York. That's what I'm used to seeing. I wasn't really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don't really hear anybody saying anything like that," according to court filings by the prosecution.

Other passengers described their fear in court filings. One passenger said they "have encountered many things, but nothing that put fear into me like that." Another said Neely was making "half-lunge movements" and coming within a "half a foot of people."

Daniel Penny set to stand trial in choking death of Jordan Neely on New York City subway

[...]
"The three main threats that he repeated over and over was, 'I'm going to kill you,' 'I'm prepared to go to jail for life,' and 'I'm willing to die,'" said Penny.
[...]
Daniel Penny says Jordan Neely threatened to kill subway riders before deadly chokehold on video released by his attorneys


imo
 
  • #736
If I have this right about Dr. Satish Chundru, he's saying that it was the struggle that JN put up that caused his sickle cell to cause the lack of oxygen in his blood and not the chokehold which rendered him unconscious and then killed him.

Even with that claim JN would not have been struggling for 5 mins (the last minute being held he was unconscious) had DP not kept him with 2 other guys in the choke for 5 mins.when JN was no longer the threat that DP held him for..that he was going to kill someone.
 
  • #737
Gonzalez also told DP 2x that he can release the hold because he has him.
DP ignored him.
The autopsy showed brushing on JN's neck and broken blood cells.


Daniel Penny chokehold caused Jordan Neely death, even ...​

1732212759376.png
New York Post
https://nypost.com › 2024/11/15 › us-news › video-ma...




6 days ago — Jurors on Friday also saw images of Neely's corpse, which Harris testified showed bruising and crushed blood vessels – known as “hemorrhages” – ...
 
  • #738
Medically that makes no sense.
We saw JN go unconscious when it the choke and DP held him there for another 50+ secs.
JN went unconscious and then died,.

When LE arrive JN was unconscious not breathing with a slight pulse which soon vanished, brain dead according to Dr Harris.
The videos show JN being slowly strangled to death by DP's arm around his neck and 2 other guys holding him down and became unconscious then died.
The reporting in this article is worse then usual so it's a wait for better reporting and what the prosecution did on cross.
I think you're right that we need to wait for better reporting/explanation. But still, I'm thinking the expert opinion of a forensic pathologist might outweigh that of a medical examiner. JMOO

It seems that Chundru thinks JN died of a "sickling," and this is the first time I've heard the term. I'm looking forward to finding why he thinks that was the ultimate cause of death.

But, I do think it's kind of odd that JN didn't have the little hematomas in his eyes. When DP said he "put him out," I was thinking he meant more of a "sleeper" hold than a chokehold, which compresses the carotid artery and can render the person unconscious. By comparison, a chokehold cuts off the airway and keeps them from breathing.

All JMOO
 
  • #739
I’m very glad to hear the defense called their own medical expert. It’s often said that “medicine is an art, not a science”

IMO that means different experts can have very different yet valid interpretations. All IMO.
 
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  • #740
I think you're right that we need to wait for better reporting/explanation. But still, I'm thinking the expert opinion of a forensic pathologist might outweigh that of a medical examiner. JMOO

It seems that Chundru thinks JN died of a "sickling," and this is the first time I've heard the term. I'm looking forward to finding why he thinks that was the ultimate cause of death.

But, I do think it's kind of odd that JN didn't have the little hematomas in his eyes. When DP said he "put him out," I was thinking he meant more of a "sleeper" hold than a chokehold, which compresses the carotid artery and can render the person unconscious. By comparison, a chokehold cuts off the airway and keeps them from breathing.

All JMOO
BBM:

Here ya go,

'Harris testified she found multiple signs of trauma during the autopsy; hemorrhaging in Neely's neck, chest, and spleen, and small pools of blood in his eyes from ruptured blood vessels.'


 
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