Manhattan DA's show trial against Marine veteran Daniel Penny in Jordan Neely death continues

NEW YORK, NY- Marine veteran Daniel Penny’s fight for his freedom continued Tuesday, after witnesses who were on the train where Penny put unhinged lunatic Jordan Neely in a headlock Friday told a jury they were “terrified” by Neely’s threatening behavior in May 2022, the New York Post reported. Neely later passed away in what was classified by medical examiners as a homicide. 

One regular subway rider said she was “scared shitless” by the situation and said Neely “scared the living daylights out of everybody” before Penny intervened on their behalf. Many witnesses previously said they feared for their lives due to Neely’s conduct. 

The Post reported that the witness, Alethea Gittings, was seen on NYPD Sgt. Kristian Brito's body camera speaking to officers after the incident. 

“I think this guy was on drugs,” Gittings said of Neely. “You know, because when he came in, he was unbelievably off the charts. He scared the living daylights out of everybody.” 

In describing Penny’s takedown of Neely, Gittings said it was “not a hard chokehold but just enough to secure him.” 

Gittings further testified that Neely was screaming earlier on the “F” train, “‘I’m willing to die! I’ll do anything! I’m willing to die and go to jail! I don’t care!’” 

She said Neely “got belligerent, and [Penny] tackled him down.” 

Gittings said after the incident, she thanked Penny for intervening. Penny asked her if she would make a statement to the police. 

“Of course, I will,” Gittings said, she responded to Penny. 

Before Gittings’ testimony, several other witnesses testified they were “panicked” and “fearful” of Neely and were thankful that Penny stepped in. 

Last week, jurors watched close-up frame-by-frame footage of the chokehold, which prosecutors said was fatal and which they have called the “most crucial piece of evidence they will see.” 

The video shows Penny with his left arm around Neely’s chin, not on his neck. Neely appears unresponsive. 

While prosecutors claimed “Neely’s life [was] snuffed out before your very eyes,” body camera footage shown during the first week of the trial showed NYPD officers claim that Neely was breathing when they arrived and later refusing to perform rescue breathing due to fears he was a drug addict and carrier of an infectious disease such as hepatitis B. 

Another witness claimed Neely “looked like he was asleep” as Penny restrained him. Derrick Clay said he called 911 after between five and six minutes of watching the two men struggle. 

Clay told the 911 operator that Neely “looked like he was asleep.” 

“I was sitting in the corner…I saw two gentlemen on the subway car floor,” Clay testified. “They were wrestling or something of that nature. Like [Neely] was being detained.” 

One witness, Eric Gonzalez, who helped Penny restrain Neely, admitted to lying to prosecutors when he was identified as a suspect in Neely’s death. He said he was afraid he’d get “pinned for” Neely’s death and told investigators Neely hit him, which caused Penny’s response. He said that he told the lies as a way to “justify…my actions.” 

Thus far, nobody has testified that Neely struck anyone before Penny took him down, however, his reckless conduct put many in fear that he would. 

“Everyone was frantic, saying, ‘Call the cops! Call the cops!’...I figured one was trying to restrain the others until the cops came,” Gonzalez said. “I jumped in to try to help.

“‘I am going to grab his hands so you can let go,’” Gonzalez claimed he told Penny. 

“There was another time where I said, ‘You can let go, I’m holding onto him,’” Gonzalez told the jury. 

Gonzalez claimed he asked Penny to release Neely after he appeared to fall asleep, however, Penny held on to him. 

The prosecution was to continue its case on Tuesday.