Eyewitnesses in Daniel Penny Trial Detail Subway Confrontation Events
The government’s witnesses vividly recount their memories of the events that unfolded on a Manhattan subway on May 1, 2023.
NEW YORK—Witnesses testified in a Manhattan courtroom about the tragic incident in May 2023 involving former Marine Daniel Penny and Jordan Neely, a homeless man with a history of mental illness, that led to Neely’s death on a Manhattan-bound subway train. Yvette Rosario, one of the witnesses, stated that the incident was more frightening than anything she had experienced in her 10 years of living in New York City. Jurors viewed part of a video captured by Rosario’s cell phone that showed the incident and its aftermath.
The trial, expected to last about six weeks, will require the jury to determine whether Penny should be convicted of manslaughter and criminally negligent homicide. The central question is whether Neely was seeking attention and help, as the prosecution argues, or if he posed an immediate threat to others on the Manhattan-bound F train, as Penny’s defense asserts.
During an initial phase of the trial on Monday morning, Penny’s attorneys argued that the portrayal of Neely by the prosecution was misleading and prejudicial to the jury.
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Yvette Rosario, 19, provided her testimony about the incident that occurred on May 1, 2023. She recounted her experience on the F train, heading towards Broadway-Lafayette, where the confrontation between Neely and Penny took place. Rosario described Neely’s behavior and expressed her fear and discomfort during the encounter.
Another witness, Juan Alberto Vazquez, reaffirmed Rosario’s account, mentioning that he witnessed parts of the incident from his seat behind a couple on the train.
The trial will continue on Thursday with further witness testimonies.
