<p>Prosecutors in U.S. Marine veteran <a href="https://www.dailywire.com/topic/daniel-penny" target="_blank" rel="noopener">Daniel Penny</a>&#8216;s case, who pled not guilty on Wednesday in Jordan Neely&#8217;s subway chokehold death last month, said they have additional cellphone video from witnesses of the incident.</p>
<p>Penny has been <a href="https://www.dailywire.com/news/daniel-penny-pleads-not-guilty-to-charges-over-jordan-neelys-death" target="_blank" rel="noopener">accused</a> of killing Neely in New York City last month after placing him in a chokehold on the floor of a Manhattan subway car. Witnesses said Neely was making threatening comments toward passengers on board the vehicle, prompting the U.S. Marine to subdue Neely.</p>
<p>&#8220;He was pacing back and forth on the car,&#8221; Penny said. &#8220;I came from behind and put him in a chokehold. People in the subway were afraid for their safety.&#8221;</p>
<p>Court documents filed on Wednesday reported by the <a href="https://nypost.com/2023/06/28/daniel-penny-pleads-not-guiltyto-manslaughter-charge/" target="_blank" rel="noopener">New York Post</a> said prosecutors claim they obtained at least five other cellphone videos from three separate witnesses in the deadly incident, which they plan to use as evidence in an upcoming trial.</p>
<p>The documents also state prosecutors have two witnesses&#8217; videotaped statements, two MTA surveillance videos, and police body camera footage. Other disclosures in the documents from prosecutors include a videotaped statement that Penny made to police the day of the incident before authorities released him without charges.</p>
<p>&#8220;He came on, threw all his s*** down, was very aggressive, going crazy,&#8221; Penny told police, according to the court document. &#8220;I was behind him, put him in a choke,&#8221; adding Neely was &#8220;acting irate, dropping things on the floor, saying he doesn&#8217;t care if he goes to jail.&#8221;</p>
<p>Neely, a homeless man with over 40 arrests, had a known history of mental issues before he died. His most recent arrest happened in November 2021, when authorities charged him with felony assault after being accused of &#8220;slugging a 67-year-old female stranger in the face.&#8221;</p>
<p>After pleading guilty to the latter charge, Neely reportedly failed to appear in court, leading to an active warrant for his arrest at the time of his death.</p>
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<p>After Neely&#8217;s death, Penny surrendered to authorities on May 12.</p>
<p>Penny was indicted on June 14 after New York officials promised to investigate the incident. He pled not guilty to second-degree manslaughter and negligent homicide before being freed on $100,000 bail.</p>
<p>“Daniel Penny stands indicted for Manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving,&#8221; Manhattan District Attorney Alvin L. Bragg said in a <a href="https://manhattanda.org/d-a-bragg-announces-manslaughter-indictment-of-daniel-penny-for-the-death-of-jordan-neely/" target="_blank" rel="noopener">news release.</a> &#8220;I hope Mr. Neely’s loved ones are on the path towards healing as they continue to mourn this tragic loss.&#8221;</p>
<p>Penny faces up to 19 years in prison if convicted on both counts.</p>
<p>&#8220;We are a long way off from trial, but all the evidence we&#8217;ve seen is that our client acted under the law,&#8221; said Thomas Keniff, a lawyer for Penny.</p>
<p>Penny&#8217;s defense team has consistently maintained his innocence, saying the evidence is in their favor.</p>
<p>&#8220;While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low, and there has been no finding of wrongdoing,&#8221; Steven Raiser, also an attorney for Penny, said. &#8220;We&#8217;re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny&#8217;s actions on that train were fully justified.&#8221;</p>
<p>Attorneys for Neely&#8217;s family praised the indictment.</p>
<p>&#8220;The grand jury&#8217;s decision tells our city and our nation that &#8216;no one is above the law&#8217; no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews,&#8221; Neely&#8217;s family lawyers said.</p>
<p>Penny is scheduled to appear in court next on October 25.</p>
<p><em>Leif Le Mahieu contributed to this report.</em></p>

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Prosecutors Plan To Use More Footage, Statements From Jordan Neely’s NYC Subway Death In Upcoming Trial: Report

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Prosecutors Plan To Use More Footage, Statements From Jordan Neely’s NYC Subway Death In Upcoming Trial: Report