As the trial of Marine Daniel Penny on charges of manslaughter and criminally negligent homicide related to the death of Jordan Neely, a mentally ill homeless individual, resumed on Nov. 8, witness after witness took the stand to testify that Neely’s behavior caused them more fear for their safety than anything before in years of subway riding.
The charges arise from the fact that Neely died after Penny, according to witnesses, came up behind him, put him in a headlock, pushed him to the ground, and they struggled.
Earlier testimony in the trial, which was on hiatus on Nov. 5 and Nov. 6, focused largely on reconstructing how and where the May 1, 2023, incident unfolded.
But on Nov. 8, lawyers elicited more specific questions about Neely’s conduct and its effect on them.
Witnesses so far have been unanimous that the incident began when Neely entered an uptown F train at the Second Avenue station, immediately began shouting that he was hungry and homeless and did not care if he went back to prison, moved around aggressively, and threw a jacket on the ground with considerable force. […]
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