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NEW YORK - On the third day of testimony in the manslaughter trial of former Marine Daniel Penny, jurors heard a 911 call and accounts from witnesses who were on the uptown F train when Penny allegedly placed Jordan Neely in a fatal chokehold.
Penny has been accused of manslaughter in the May 2023 death of Neely, a homeless man who witnesses say was behaving erratically on the subway.
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"There’s a guy on the train saying that he was going to jail and was going to harm people on the train," 18-year-old passenger Moriela Sanchez said in the 911 call. "Y’all have to come quick because something is going to happen."
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Sanchez testified that she initially felt a sense of relief when Penny intervened, but that she felt that Penny was holding him too tight and that it seemed to her like Penny was trying to hurt Neely.
Other witnesses included a 38-year-old Brooklyn woman who said that Neely's rants were "very traumatic and very believable."
Another passenger, Johnny Grima, testified that he tried to intervene, telling Penny to "roll him over on his side so he don’t choke."
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Penny's attorneys argue that he acted in defense of the other subway riders, asserting that his actions were not intended to cause harm to Neely.
If convicted, Penny could face up to 15 years in prison.