By Joanna Putman
Police1
NEW YORK — Jurors in the manslaughter trial of Daniel Penny recently watched police bodycam footage capturing first responders’ attempts to revive Jordan Neely, who died in May 2023 after Penny restrained him in a chokehold on a subway, the New York Post reported.
The video, shown in Manhattan Supreme Court on Nov. 1, captured NYPD officers and EMS providers performing CPR, using a defibrillator and administering Narcan in an attempt to save Neely, according to the report.
“He’s not breathing,” an officer can be heard saying as police started to evaluate Neely.
The footage was introduced during testimony from NYPD Officer Teodoro Tejada, who stated that Neely initially had a faint pulse, but it was lost shortly after, according to the report. While officers searched Neely, they found no weapons. Penny, a former Marine, told officers that he “put [Neely] down.”
Bodycam footage from NYPD Sgt. Carl Johnson offered another angle, showing officers performing chest compressions on Neely before EMS providers arrived on the scene.
During cross-examination, Penny’s attorney, Thomas Kenniff, questioned Johnson about why rescue breaths weren’t attempted, the New York Post reported. The officer responded that he didn’t have a mask to prevent exposure to various diseases and stated that the technique is only used when it can be done safely.
Penny faces up to 15 years in prison if convicted, according to the report. His trial, which centers on his response to what he described as Neely’s “erratic and menacing” behavior toward subway passengers, is expected to last up to six weeks.
The chokehold Penny used lasted around 5 minutes, according to a report by The Guardian. Penny testified that Neely was threatening to kill train passengers, and he only intended to hold Neely down until officers arrived.
An autopsy showed that Neely had K2, a synthetic marijuana drug, in his system at the time of his death, according to the Guardian. Neely was on an informal list of “the Top 50” people in terms of the severity of their mental health troubles and resistance to aid, the Guardian reported.
