The article Sundog referenced from Curbed.com makes me question what Vasquez actually observed. In that article, he mentioned hearing the jacket being thrown to the ground, not that he saw it. There was another NYT article (link below), where he mentioned that he didn’t actually see Penny come from behind and do the chokehold, he heard a thud on the ground and when he looked, he saw they were on the ground. I question what he saw versus what he heard, and whether he witnessed the full event including what may have precipitated Penny to take action.
It’s possible that there are things others witnessed that Vazquez did not, such as nonverbal cues made by Neely, etc. I think this is why I’m hesitant to accept his statement as the absolute truth. I’d like to see what evidence is presented at trial.
From NYT article: (BBM)
“It is unclear if Mr. Penny said anything to Mr. Neely at that point.
Mr. Vazquez said he did not see him grab Mr. Neely, but that he heard a thump and then saw both men on the floor. The train stopped at Broadway-Lafayette, where it remained standing while Mr. Neely was pinned down, as two other men grabbed his arms and legs.”
On May 1, a 24-year-old man named Daniel Penny choked Jordan Neely, 30, to death on a New York City subway train. Mr. Penny has not been charged.
web.archive.org
*Edited to add link to NYT article