Daniel Penny jurors asked for a second look at key evidence during deliberations

NEW YORK — The jurors weighing 26-year-old Marine veteran Daniel Penny’s fate Wednesday asked the judge for another look at three key pieces of evidence in his manslaughter trial.

Penny is accused of recklessly and negligently killing Jordan Neely, a 30-year-old homeless man with schizophrenia who was high on drugs and shouting death threats at subway passengers, telling them someone was going to “die today” and that he didn’t care about going to prison for life. Penny grabbed him from behind in a chokehold to stop the outburst.

Neely had an active arrest warrant at the time of his death. He was high on K2, a synthetic marijuana drug that functions as a stimulant, and his lengthy criminal record included a 2021 assault on a 67-year-old woman at another subway station.

Here’s a look at the evidence jurors asked to see again.

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Daniel Penny arrives at Manhattan Supreme Court in New York Dec. 3, 2024.  (Rashid Umar Abbasi for Fox News Digital)

Daniel Penny’s NYPD interrogation

People’s Exhibit 36A: Daniel Penny waived his Miranda rights and sat down with the NYPD after remaining on scene after the incident. Detectives Michael Medina and Brian McCarthy interviewed him at the Fifth Precinct building in Manhattan for about 25 minutes. 

They did not inform him Neely had died.

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“He was talking gibberish … but these guys are pushing people in front of trains and stuff,” he told detectives. There were more than 20 subway shoves in the year before Penny’s encounter with Neely.

Penny did not testify at trial, so his interrogation is the only firsthand commentary shown to the jury in court.

“Some guy came in, and he’s like with his jacket off. And he’s like, ‘I’m gonna kill everybody. I’m gonna go to prison forever. I don’t care,'” Penny said.

He said he exchanged looks with the person next to him and asked the person to hold his phone. He took his earbuds out. Then he grabbed Neely from behind in a headlock.

“I just kind of, like, grabbed him from behind,” he said.

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Daniel Penny departures Manhattan Criminal Court following the second day of jury deliberations on Wednesday, December 4, 2024.  (Fox News )

“Hmm,” one of the detectives interrupted.

“Because he was acting like a lunatic, like a crazy person,” Penny continued. “So, and he was rolling around the floor. And, at that point, the train stopped. I was like, ‘Someone call the cops,’ and he’s still, like, rolling around, still going crazy. I had two other guys kind of help me just kind of keep him from going nuts. And, yeah, that’s when you guys came.”

The interrogation video was brought into evidence Nov. 14.

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The Vazquez video

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

People’s Exhibit 12: It was taken by journalist Juan Alberto Vazquez, who was on the train during the incident. It is the full video he took that day, which includes images that have been circulating publicly since May 2023.

Jurors saw the video played repeatedly during expert testimony. It shows Neely and Penny on the floor of the train car and another man named Eric Gonzales holding Neely’s arms down during the struggle.

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

Brought into evidence Nov. 4.

NYPD bodycam compilation

People’s Exhibit 34: Shows the points of view from several officers, including the first to arrive.

“He was threatening everybody who came up to the train,” Penny says, explaining he didn’t know whether Neely had any weapons but placed him in a chokehold.

WATCH: NYPD bodycam shows Daniel Penny on subway car after Jordan Neely chokehold

Officers attempt to resuscitate Neely, who they say has a pulse but is not breathing. 

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Officers tell Penny they want to speak with him at the precinct. Before they leave, he briefly explains what happened again.

“He came on, threw all his s— down, was just like very aggressive and was like, ‘I’m ready to die. I’m gonna go to prison forever,'” he said. “Started to go crazy.”

Jordan Neely is pictured before going to see the Michael Jackson movie, “This is It,” outside the Regal Cinemas at 8th Ave. and 42nd St. in Times Square, New York, in 2009.  (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

Brought into evidence Nov. 12.

Jurors also asked for the judge to read his instructions again regarding “justification,” whether Penny’s use of force was legally justified given the threat Neely posed. 

The jury also requested testimony from forensic pathologist Dr. Cynthia Harris on cross-examination from Nov. 15, when she answered the defense about issuing the second death certificate and mentioned she would not have changed her mind even if the tests showed the presence of fentanyl. 

They asked to hear all testimony until and including the part where she admits she told the grand jury she didn’t know if she observed “consistently sufficient pressure.”