NYC subway chokehold: What really happened on May 1, 2023, according to witnesses, video

NEW YORK - Daniel Penny, a 24-year-old Marine veteran, is charged with manslaughter in the death of 30-year-old Jordan Neely, a homeless subway performer, for placing Neely in a fatal chokehold on an uptown F train last year.

The incident on May 1, 2023, has deeply divided New Yorkers on what should happen next, in a lengthy trial that has raised questions about vigilante justice and subway safety.

Prosecutors claim Neely was acting erratically but non-violently, while the defense argues Neely’s behavior, including threatening a woman with a stroller, prompted Penny’s actions. 

Witnesses for the prosecution say Neely did not threaten anyone, while others, including a former martial arts trainer, testified about the danger they saw in the situation.

On Monday, Penny's defense team called his sister, Jacqueline Penny, to the stand to emphasize his military background and character.

Here’s what really happened on May 1, 2023:

What happened on May 1, 2023?

The two men crossed paths aboard an uptown F train in Manhattan: Penny was commuting from class to the gym, and Neely was shouting at passengers, according to witnesses.

Prosecutors said Neely was acting erratically but non-violently, while the defense called Neely a "seething, psychotic" man whose behavior had frightened other riders.

According to the defense, Neely lurched toward a woman with a stroller and said he "will kill," and Penny felt he had to take action. Witnesses for the prosecution said they didn't see Neely approach anyone.

Witnesses, including high schooler Ivette Rosario, said she was so nervous that she thought she was going to pass out, according to her testimony in court in early November. She said she had seen outbursts on subways before, "but not like that," she said.

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Then she heard the sound of someone falling, looked up and saw Neely on the floor, with Penny's arm around his neck. With the help of two other passengers, Penny pinned Neely to the ground and placed him in a chokehold.

The train soon stopped at the Broadway-Lafayette Street station, but Penny did not release his grip. 

Witness video shows Penny's bicep pressed on Neely's neck

Rosario's video of the encounter shows Penny with his bicep pressed across Neely’s neck and his other arm on top of his head, a position he held for close to six minutes, even after Neely went limp. A woman is heard on this video telling Penny to let Neely go.

Witness video shows Neely kicking and struggling

Juan Alberto Vazquez, a Mexican journalist, then records a five-minute video of the encounter. Neely is seen kicking and struggling, and at one point, is reaching out and tapping a bystander on the leg.

At the Broadway-Lafayette stop, commuter Eric Gonzalez boarded the train and testified that he tried to diffuse the situation by grabbing Neely's hands so Penny could let go. Another passenger, Larry Goodson, testified that he worried Penny: "If you don’t let him go, and that’s the state his body is in, you’re going to lose him," adding that, "It was like [Penny] was in a whole other trance."

The defense said Penny pleaded with fellow passengers to call police and that he kept holding Neely because the man periodically flailed or tried to get up.

Penny ultimately released Neely nearly a minute after his body went limp, prosecutors said. He waited for police, but the defense noted that despite being trained in first aid, Penny didn’t check Neely’s breathing or pulse or try to revive him.

Officers arrived about seven minutes after 911 calls started coming in, with reports ranging from harassment to a man with a gun.

Over the next four minutes, officers spoke to Penny, searched Neely, and found only a muffin in his pockets. They determined Neely had a faint pulse but wasn’t breathing. They performed chest compressions and gave him an overdose-reversal drug, but did not attempt mouth-to-mouth resuscitation.

When asked why, Sgt. Carl Johnson explained that Neely was "very dirty," and he was concerned the man might have a disease or wake up and vomit.

What happens if Penny is found guilty?

If found guilty, Daniel Penny faces up to 15 years in prison for second-degree manslaughter and up to four years for criminally negligent homicide.