Never-before-seen video played at Daniel Penny’s manslaughter trial Monday shows the Marine veteran gripping homeless man Jordan Neely’s neck on a subway floor — while bystanders plead with him to “let him go.”
The one-minute clip was captured by high school student Ivette Rosario, who testified that she was terrified by Neely’s rant aboard the F train that preceded Penny taking him down to the ground.
“I was very nervous, and I thought I was going to pass out because I was so nervous,” Rosario, now 19, said in Manhattan Supreme Court.
Rosario’s hands can be seen trembling in the footage — which provided jurors with their first glimpse of the deadly May 2023 encounter at the heart of the high-profile case against Penny.