New York prosecutors have additional videos of the subway altercation that led to the chokehold death of Jordan Neely last month, court filings revealed Wednesday after Marine Corps veteran Daniel Penny pleaded not guilty to manslaughter charges in Manhattan.
Prosecutors have five cellphone videos taken by three witnesses, according to disclosure forms, as well as surveillance video from the day of Neely’s death, and on April 30 that they plan to introduce as evidence.
One video has already been made public, showing Penny wrestling with Neely on the ground as another passenger assists.
The filings also include statements Penny allegedly made to police on May 1, after the deadly incident but 11 days before he was charged with a crime, and they reveal that police received multiple 911 calls and recorded interviews with at least two witnesses.
US MARINE VET DANIEL PENNY PLEADS NOT GUILTY TO MANSLAUGHTER IN CHOKEHOLD DEATH OF JORDAN NEELY
Daniel Penny departs Manhattan Criminal Court following his arraignment, Wednesday, June 28, 2023, in New York. Penny, 24, pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 1 death of Jordan Neely, a former Michael Jackson impersonator who was shouting and begging for money when Penny pinned him to the floor of the moving subway car with the help of two other passengers and held him in a chokehold. (AP Photo/John Minchillo)
Penny, 24, previously told Fox News Digital he was headed to the gym the afternoon of May 1 when an agitated Neely, 30, boarded the train around 2:30 p.m. at the Second Avenue F train station in Manhattan, screaming at passengers and panhandling.
“I just put him out. I just put him in a chokehold,” the veteran allegedly said, according to one of the officers present for his interview after the incident. “He came on and he threw s—, he’s like I don’t give a s—, I’m going to go to prison for life and stuff.”
Read the automatic disclosure form (Mobile users go here)
DANIEL PENNY: MARINE VET ACCUSED OF FATAL SUBWAY CHOKEHOLD REVEALS WHY HE STEPPED IN
Neely was acting “irate” in the May 1 encounter and pacing, according to the filing. Police questioned and released Penny that day and did not arrest him until May 12.
“So I just came up behind him and put him in a chokehold,” Penny allegedly added. “He was threatening everybody.”
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)
Critics of the decision to prosecute Penny have called the move political and believe that the veteran acted in self-defense or to protect other passengers.
“If [Neely] had carried out his threats, he would have killed somebody,” Penny told Fox News Digital in June.
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 Mills & Edwards, LLP via AP)
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Penny, who surrendered voluntarily to police after prosecutors announced charges, is out on $100,000 bail. He faces one count each of manslaughter and criminally negligent homicide and up to 19 years in prison if convicted on both counts.
Neely has been described as a Michael Jackson impersonator — but he also had a violent history, including a 2021 assault on a 67-year-old woman at a subway station.
