Daniel Penny’s jury asked for a second look at key evidence during deliberations

Daniel Penny’s jury asked for a second look at key evidence during deliberations

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NEW YORK CITY – Jurors weighing the fate of 26-year-old Marine veteran Daniel Penny on Wednesday asked the judge for further consideration of three key pieces of evidence in his involuntary manslaughter trial.

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

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

Here’s a look at the evidence the jury should review.

MANHATTAN DA’S DOWNPLAY OF DANIEL PENNY’S POTENTIAL PUNISHMENT ‘INAPPROPRIATE AND MISLEADING’: DEFENSE

Daniel Penny arrives in court in New York City

Daniel Penny arrives at the Manhattan Supreme Court on December 3, 2024 in New York. (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 following the incident. Investigators Michael Medina and Brian McCarthy interviewed him for about 25 minutes at the Fifth Precinct building in Manhattan.

They didn’t tell him that Neely had died.

WATCH: Court releases Daniel Penny’s police interview in Jordan Neely chokehold trial

DANIEL PENNY TRIAL: MEET THE JURORS WHO WILL DECIDE NAVY VETERAN’S FATE IN SUBWAY strangling case

“He was talking nonsense … but these guys are pushing people in front of trains and stuff,” he told investigators. In the year before Penny met Neely, there were more than 20 subway scuffles.

Penny did not testify in court, so his interrogation is the only first-hand commentary shown to the jury in court.

“Some guy came in and he was like he took his jacket off. And he was like, ‘I’m going to kill everyone. I will go to prison forever. I don’t care,'” Penny said.

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

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

TEENAGE WITNESS OF JORDAN NEELY CHOKEHOLD TESTIFIES SHE WAS “SCARED” OF HIS SCREAMING AND WANTED “GONE AWAY”

Daniel Penny leaves Manhattan Criminal Court after the second day of jury deliberations

Daniel Penny leaves Manhattan Criminal Court after 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 madman, like a madman,” Penny continued. “So, and he was rolling around on the floor. And at that point the train stopped. I said, ‘Someone call the police,’ and he was still rolling over and still freaking out. I had two other guys. Kinda helps me keep him from going crazy. And yes, that’s where you came from.

The interrogation video was submitted as evidence on November 14th.

Lead prosecutor Daniel Penny secured a light sentence for a thug who killed an 87-year-old during a bank ATM robbery

The Vazquez video

Daniel Penny holds Jordan Neely in a chokehold on the floor of a subway car

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

Popular Exhibition 12: It was taken by journalist Juan Alberto Vazquez, who was on the train during the incident. It is the full video he recorded that day, including images that have been publicly distributed 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 fight.

Screenshot from audience videos

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

Submitted into evidence on November 4th.

NYPD bodycam compilation

People’s Exhibition 34: Shows the viewpoints of several officials, including the first to arrive.

“He threatened anyone who came to the train,” Penny says, explaining that he didn’t know if Neely had any weapons but put him in a chokehold.

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

Officers attempt to revive Neely, who reportedly has a pulse but is not breathing.

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The officers tell Penny that they want to speak to him at the station. Before they leave, he briefly explains what happened again.

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

Jordan Neely is pictured before watching the Michael Jackson film

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

Submitted into evidence on November 12th.

Jurors also asked the judge to reread his instructions on “justification,” that is, 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 in cross-examination on November 15, when answering the defense regarding the issuance of the second death certificate, mentioning that she would not have changed her mind even if the tests had shown the presence of fentanyl.

They asked to hear all of the testimony, up to and including the part where she admits that she told the grand jury she didn’t know whether she applied “sufficient pressure on a consistent basis.”

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