Bodycam footage showing police detecting a pulse on Jordan Neely after being placed in a chokehold was released as the manslaughter trial of Daniel Penny commenced in Manhattan on Friday. Penny, a Marine veteran, is accused of killing Neely on May 1, 2023, with a chokehold that prosecutors claim was fatal.
The incident on the New York City subway has sparked significant controversy, with far-left Black Lives Matter activists labeling it a racially motivated killing of a mentally ill black man by a white veteran. In contrast, many Americans view Penny as a protector who intervened after Neely, who had a lengthy arrest record and an active warrant for assaulting an elderly woman, made aggressive threats to passengers and threw trash at them.
The footage reveals that New York Police Department (NYPD) officers arriving at Fulton Station at 2:33 PM confirmed Neely had a pulse upon their arrival. Although initially unconscious, Narcan was administered, and CPR was initiated at 2:38 PM. Paramedics arrived ten minutes later, but Neely was not pronounced dead until reaching Lenox Health Hospital.
POLICE CONCERNS.
During trial proceedings, an NYPD sergeant explained that officers refrained from performing mouth-to-mouth resuscitation due to concerns about Neely’s potential drug use. The assistant district attorney argued that Penny maintained the chokehold for nearly six minutes after Neely had been restrained and posed no further threat.
Penny’s defense, led by Thomas Kenniff, contends that his actions were to protect others until police arrived—a response time he cited as longer than expected. His defense claims Penny attempted to relax his grip, arguing that any sustained chokehold would have rendered Neely unconscious in the first minute.
The jury, selected after a two-week process, will hear testimony from medical experts, first responders, and subway passengers. The trial is set to continue for up to six weeks.
