Subway madman raised his fists before Daniel Penny’s fatal chokehold: witness

Just before New York Marine veteran Daniel Penny put the unpredictable Jordan Neely in a chokehold that proved fatal, the emotionally disturbed homeless man raised his fists in the middle of a subway car and yelled at passengers, like a witness testified on Thursday.

Moriela Sanchez, an 18-year-old from Harlem, said she was riding the train home from school when chaos broke out.

Neely, 30, threw away his jacket and stood up, testifying on the 11th day of what is expected to be a six-week trial in New York City.

“If no one gives him water or food, he will start touching people,” she said. “He wanted to start attacking.”

JORDAN TEENAGE WITNESS NEELY CHOKEHOLD SAID SHE WAS ‘SCARED’ OF HIS SCREAMING AND WANTED ‘GONE AWAY’

She added that he shouted it to everyone in the carriage, not a specific passenger. Despite the aggression, he didn’t touch anyone, she added.

“After that, Penny started putting his hands around his neck – and then he dropped him so he couldn’t attack people,” Sanchez testified. “Penny fell on his back and Jordan was on top of him.”

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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)

She said she believed Penny did it to stop Neely from attacking people.

She got off at the next stop and called 911. She said Penny still had Neely in a chokehold at the time. She noticed that a second man, who she described as a black man in a hat, helped Penny hold Neely during the encounter.

Under cross-examination, she said “yes” when asked if she felt a sense of relief after Penny put Neely in a headlock, but she contradicted her own grand jury testimony when she said it seemed like like Penny was squeezing Neely’s neck. She said that was the case on Thursday. During the grand jury proceedings, she said the opposite.

Her previous grand jury testimony was read in court. She was asked, “Did it look like the white guy was squeezing the black guy’s neck?”

“No, he held him so he wouldn’t attack anyone,” she said.

This was the first time in my life that I took a moment because I was afraid of dying in that moment.

— Kaydren Schrunk, witness

The next witness was Kaydren Schrunk, a Nike senior brand manager who lives in Brooklyn and was on her way to meet a friend for coffee when Neely died.

She testified that Neely yelled and made threatening gestures in the middle of the train. He smelled like “dirty sweatpants” and she feared he might have a gun or knife, although she didn’t see one.

A still from NYPD bodycam video shows emergency responders examining Jordan Neely as he lies on the ground after Daniel Penny puts him in a chokehold. Penny is on trial for manslaughter and negligent homicide. (NYPD)

“It was a scent that took over the subway — it was like body-stained sweatpants,” she said. “Mr. Neely may not have showered properly – there was a very strong smell and his sweatpants were definitely dirty.”

She couldn’t remember exactly what he said, but said he made life-threatening statements.

“That was the first time in my life that I took a moment because I was afraid I was going to die in that moment,” she said.

Penny intervened “at the highest level of outburst” with an attack, she said, testifying that his arm was placed across Neely’s chest. Two other men helped him hold Neely, she said.

This undated photo provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. (Courtesy of Mills & Edwards, LLP via AP)

Next to testify was Johnny Grima, a 40-year-old Bronx resident who is unemployed but spends time working with the homeless. He spent 13 months behind bars for hitting someone in the head with a baseball bat – but claimed on the witness stand that he didn’t do it.

Grima said he did not see the altercation begin, but arrived after the train had stopped and watched as Penny let go of Neely, who was limp at the time.

Grima testified that he said out loud that they shouldn’t leave Neely unconscious on his back. He should be on his side so he doesn’t suffocate.

Grima, who poured water on Neely’s head, testified that Penny “carelessly tossed Neely’s limbs” as he repositioned him on the subway car floor.

After the jury went to lunch, Penny’s defense team commented on how objections were handled during Grima’s testimony. Judge Maxwell Wiley said he believed Grima’s “bias” had been clear to the jury but that he still had relevant testimony to make.

A courtroom sketch shows Juan Alberto Vazquez testifying on the second day of testimony in the trial of Daniel Penny in Manhattan Supreme Court in New York City on Monday, November 4, 2024. Penny, a Marine veteran, is on trial for the 2023 death of Jordan Neely on the New York City subway. (Jane Rosenberg)

The trial continued after lunch with testimony from the prosecution’s 14th witness, an NYPD 911 technician named Paula Williams. She testified about how the NYPD archives and organizes 911 calls and described the first four calls received on the day of Neely’s death.

The court then listened to the first recording loudly, although partially muffled.

“Someone started acting crazy on the train saying he was ready to go to jail, he was going to hurt someone, so someone tackled him to the ground in a chokehold,” the caller said.

“Is there a weapon?” the dispatcher replied.

Protesters gather and demand justice for Jordan Neely outside the trial of Daniel Penny at Manhattan Supreme Court in New York City on Friday, November 1, 2024. Manslaughter and involuntary manslaughter in the 2023 death of Jordan Neely in a New York City subway Train. (Adam Gray for Fox News Digital)

“Ma’am no, but this guy tied him up,” the caller said.

Witness 15 was NYPD Officer Isatu Cesay, who responded to the scene and took the position in uniform.

She said when she arrived, Neely was unconscious and didn’t appear to be breathing. When she checked him later, he no longer had a pulse.

She said she asked Penny, “Did you see what happened?”

“Yes,” he replied, according to her statement. “The guy came on the train, threw s— and said he was ready to die and go to prison for life. I put him in a chokehold and took him to the ground… I had him pretty good.”

Prosecutors then played her body camera in court, which showed a similar conversation.

Under cross-examination, she testified that other officers had detected a pulse before she checked herself and that there was none.

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The Manhattan District Attorney’s Office says Penny went too far and negligently caused Neely’s death. The defense argues that his actions constituted a justifiable defense.

Penny, a 25-year Marine Corps veteran and student majoring in architecture, faces up to 19 years in prison if convicted.

Neely had a history of mental illness and criminality, including a previous charge of assaulting a 67-year-old New York City Woman in 2021.

This is a developing story. Stay with Fox News Digital for updates.