Jordan Neely’s father walked out of the courtroom as cellphone video of his son, in Daniel Penny’s chokehold, played for the jury and those watching the trial.


What You Need To Know

  • The full cellphone video of Daniel Penny and Jordan Neely was played in court

  • A journalist, who took the video, and a high school student, who also videotaped the incident on her phone, testified

  • They were the first eyewitnesses to testify for the jury

It was the first time jurors saw the four-minute and 57-second cellphone video of Penny with Neely in a chokehold, assisted by two bystanders.

Neely's uncle, Christopher Neely, was in the courtroom. He spoke to reporters after the trial ended for the day.

"Watching the video for myself is just real hurtful, for me not being able to be there to protect my sister's son, my nephew," Christopher Neely, Neely's uncle, said.

Mexican freelance journalist Juan Alberto Vasquez took the video, which is a key piece of evidence for the prosecution. Vazquez testified in court, through an interpreter.  

Vasquez testified that Neely had stopped moving once, then started to resist Penny. Then Neely stopped a second time. Penny and a bystander released Neely after roughly 30 seconds.

Vasquez also said he heard the man helping Penny restrain Neely, saying that Penny was not squeezing Neely's neck.

The day started with another witness inside the subway car — Ivette Rosario, a high school student who is now 19 years old.  

She also took this cellphone video that was played in court.

It's never been released to the public until now.

In it, you hear Rosario yell out, "Call some cops!"

Then, a bystander's voice say about Neely, "He's dying" and "let him go."  

Rosario testified about Neely’s “angry tone,” and how Neely had said that someone was “going to die today." 

“I got pretty frightened," she said, adding that she'd seen outbursts on the train before but "not like that."

Rosario also testified that she was so nervous, she felt she was going to pass out.

She testified she did not witness Neely direct his threats to a rider in particular. But on cross examination, she testified that she's did not see all of Neely's actions in the train car — her face was buried in her friend's chest.  

On her cellphone video, Rosario's hand can be seen trembling. 

The witnesses were the first people in the stand who actually saw Penny with Neely in a chokehold.

That followed testimony from responding officers who said that Neely initially had a faint pulse, then tried to revive him with chest compressions when a pulse could no longer be found

Meanwhile, in Vasquez's video, a bystander's voice can be heard. It was Larry Goodson, a witness who took the stand.

He testified Penny was ignoring warnings from him and a bystander to let Neely go.

Goodson said Penny was acting like he was in a "trance."