In a shocking development for the defense of former Marine Daniel Penny, an unnamed European couple who recorded the fatal subway chokehold incident involving Jordan Neely have refused to hand over crucial video evidence or return to testify at Penny’s upcoming trial. The couple, whose footage could be pivotal in Penny’s defense, has left the U.S. and remains uncooperative, potentially hampering efforts to ensure a fair trial.
Manhattan Supreme Court Justice Maxwell Wiley revealed that the couple, who were eyewitnesses to the tragic May 2023 incident, declined to testify before the Grand Jury and returned to Europe shortly after the event. Despite efforts by the Manhattan District Attorney’s Office to secure their cooperation, the tourists have refused to provide the video they captured or agree to appear in court, raising questions about their motives and the potential impact on the case.
The incident, which has garnered national attention, occurred on a New York City subway train when Daniel Penny, a former infantry squad leader, stepped in to restrain Jordan Neely, a homeless man known for his erratic and aggressive behavior. Witnesses reported that Neely was throwing garbage and threatening passengers, shouting that he was willing to “kill a motherf—er” and didn’t care about going to jail. Penny, in an attempt to protect his fellow passengers, placed Neely in a chokehold, which tragically resulted in Neely’s death. Penny now faces charges of second-degree manslaughter and criminally negligent homicide.
Penny’s legal team has been adamant that their client did not intend to kill Neely and was acting in self-defense, a sentiment shared by many who argue that Penny was simply trying to protect innocent people from a violent and unpredictable individual. The European couple’s video, which reportedly captured the entire altercation, could provide a clearer picture of what actually happened — potentially corroborating Penny’s version of events.
Thomas Kenniff, Penny’s attorney, emphasized the importance of the couple’s testimony, stating that their account could be “incredibly favorable” to the defense and may prove to be some of the most valuable evidence presented in the case. Kenniff expressed frustration over the couple’s refusal to cooperate, warning that it could pose a “very serious issue” as jury selection is set to begin in late October.
While the defense has expressed hope that the couple might testify remotely from Europe, the lack of cooperation has complicated the situation. The question of whether they can be compelled to return to the U.S. to testify is mired in international legal complexities. Kenniff hinted at the challenge, referencing international law and The Hague, acknowledging that the defense has no legal authority to force the couple’s return.
Despite the prosecutors having other footage of the incident, the couple’s recording is believed to be crucial to understanding the full context of the events that led to Neely’s death. If their video indeed supports Penny’s self-defense claim, it could drastically alter the course of the trial.
Penny, who faces up to 19 years in prison if convicted, is due back in court on October 3, with jury selection beginning on October 21. The trial is expected to last several weeks, concluding just before the court’s Christmas break.
This case has become a flashpoint in the ongoing debate over crime, self-defense, and the challenges of dealing with mental illness in public spaces. Penny’s supporters argue that he acted heroically to protect his fellow passengers from a dangerous threat, while critics have portrayed the incident as an unnecessary and tragic escalation.
As the trial looms, the mystery surrounding the European couple and their refusal to cooperate leaves many wondering what their video shows and how it could shape the outcome of this high-stakes case.
