Additional Coverage:
- A Marine vet fatally subdued a screaming man on a NYC subway. Now, a secret video has emerged — but there’s a catch. (newsbreak.com)
### Marine Vet Faces Manslaughter Trial for NYC Subway Incident; Key Witnesses Refuse to Cooperate
A Marine veteran, Daniel Penny, is set to stand trial for manslaughter after subduing Jordan Neely, a homeless man, on a New York City subway car. The incident, which took place on May 1, 2023, has become highly controversial, with new developments emerging in court this week.
Prosecutors revealed that a European couple recorded extended footage of the incident but have refused to share the video with authorities for over a year. The husband and wife, who were visiting New York City, captured Penny grappling with Neely on the subway floor. Despite attempts by both prosecutors and the defense, the couple has been reluctant to hand over the video or testify in court.
Manhattan prosecutors are protecting the identities of this key couple who witnessed the event. As Penny’s trial date of October 21 approaches, the footage could prove crucial for the defense. Penny’s lawyers argue that the video might offer insight into Neely’s actions before his death, helping to justify Penny’s response.
Since returning to their home in Europe, the couple has had multiple virtual meetings with the District Attorney’s office, according to New York Supreme Court Justice Maxwell Wiley. However, they have neither shared their video nor agreed to testify, raising concerns about securing their participation in the trial.
Defense lawyer Thomas Kenniff emphasized that the withheld footage could significantly bolster Penny’s case. Kenniff suggested that the prosecutors might not be making a genuine effort to obtain the couple’s cooperation, potentially compromising Penny’s right to a fair defense. The defense is especially interested because the couple lives outside the U.S., making them difficult to subpoena.
The next hearing is scheduled for October 3, and Penny remains free on $100,000 bail. He has pled not guilty, with his defense fund raising $3 million online. Prosecutors argue that Penny’s actions were reckless, resulting in Neely’s death after maintaining a chokehold for nearly a minute post-mortem.
Neely, who had a history of mental illness and substance use, was reportedly threatening passengers before being subdued by Penny. However, the prosecution insists that introducing details of Neely’s troubled background in court would only serve to bias the jury.
Both Kenniff and the DA’s office have declined further comment on the matter.
For more details, refer to the original article on Business Insider.