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FIRST ON FOX: A mom and son hid behind a stroller and a highschool scholar prayed as Jordan Neely yelled “somebody goes to die as we speak” earlier than he was positioned in a deadly chokehold inside a packed NYC subway prepare, new court docket papers revealed.
A girl described the erratic homeless man’s demeanor on Might 1 as “sickening” and “satanic.” She allegedly mentioned she believed she “was going to die” as Neely approached her and referred to as the confrontation “completely traumatizing.”
The small print have been disclosed publicly for the primary time in a movement to dismiss the fees towards Marine veteran Daniel Penny, who’s accused of choking Neely to dying in an effort to guard different passengers.
The court docket papers cite testimony from greater than a dozen witnesses who have been referred to as by prosecutors to testify earlier than the grand jury that indicted Penny, 24, on one rely every of second-degree manslaughter and criminally negligent murder.
DANIEL PENNY: MARINE VET ACCUSED OF FATAL SUBWAY CHOKEHOLD REVEALS WHY HE STEPPED IN
Daniel Penny (Julia Bonavita/Fox Information Digital)
Neely boarded the F prepare on the Second Avenue station in Manhattan at 2:23 p.m., threw his jacket on the bottom and began barking threats and lunging at passengers, in response to the movement filed by protection attorneys Thomas Kenniff and Steven Raiser.
Neely, who suffered from psychological sickness, has a protracted historical past of violent assaults on subway riders.
A girl, who was taking her son to a remedy appointment, recounted listening to Neely say, “I need to damage folks, I need to go to Rikers. I need to go to jail.”
She shielded her son behind his stroller as Neely allegedly charged at passengers, she allegedly testified within the grand jury.
WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A ‘HERO’
Jordan Neely and Moses Harper do their Michael Jackson impersonations in entrance of Regal Cinemas in Occasions Sq., New York Metropolis, on Oct. 27, 2009. (Andrew Savulich/NY Each day Information Archive through Getty Pictures)
A scholar commuting from her highschool heard Neely say “somebody goes to die as we speak” then she “put her hand on her classmate’s chest and commenced “praying them [sic] doorways would open,” the submitting says.
A retiree advised grand jurors that in three a long time of driving the subway nothing had ever “put concern into me like that.”
Because the riders tried to again away, Penny grabbed Neely from behind and dragged him to the bottom. The pair struggled on the ground for a number of minutes as two different males helped restrain Neely.
Penny continued to carry him in a chokehold after he’d gone limp, in response to prosecutors.
READ THE DEFENSE MOTION ARGUING THAT THE INDICTMENT AGAINST DANIEL PENNY SHOULD BE TOSSED
The town health worker concluded that Neely died of murder from compression of the neck.
Within the movement, the protection argues that the indictment must be thrown out as a result of Dr. Cynthia Harris, who carried out the post-mortem, failed to clarify in her testimony to the grand jury that Neely suffocated to dying as a result of a chokehold.
The legal professionals wrote within the submitting that the prosecution’s skilled witness, a Marine sergeant, testified that Penny was educated to make use of non-lethal chokeholds to subdue an aggressor and that he carried out these directions.
He didn’t push Neely’s head ahead and apply constant strain on his arteries, which might improve lethality, the skilled mentioned, in response to the submitting.
KID ROCK TOP DONOR TO DANIEL PENNY’S DEFENSE IN NYC SUBWAY CHOKEHOLD DEATH
Screenshot from bystander video reveals Jordan Neely being held in a chokehold on the New York Metropolis subway. (Luces de Nueva York/Juan Alberto Vazquez through Storyful)
The caught-on-video killing sparked widespread protests with many New Yorkers divided on whether or not Penny was justified.
Manhattan District Lawyer Alvin Bragg’s determination to prosecute Penny has been each celebrated and condemned. Neely’s household has mentioned he must be charged with homicide.
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A marketing campaign to lift cash for Penny’s authorized protection on GiveSendGo has amassed over $2.9 million.
Penny beforehand advised Fox Information Digital in an interview that he does not remorse his actions, which have turned his life the wrong way up and thrust him into the general public highlight.
“If [Neely] had carried out his threats, he would have killed any individual,” Penny mentioned.
If convicted, Penny faces 5 to fifteen years in jail. A spokesperson for the Manhattan District Lawyer’s Workplace declined to remark.
Rebecca Rosenberg is a veteran journalist and e book writer with a deal with crime and felony justice. E mail tricks to [email protected] and @ReRosenberg.
Mom, baby hid behind stroller throughout lethal subway chokehold: court docket papers
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