Daniel Penny has demonstrated to an NYPD detective how he restrained Jordan Neely in a chokehold, a moment captured in a recorded interrogation video that has since garnered significant attention.

Defense attorneys Thomas Kenniff and Steven Raiserv argued for the suppression of this demonstration and other statements made by Penny, claiming that their client was questioned unlawfully without being informed of his right against self-incrimination.

The hearing unfolded with an all-day exploration of the incident, featuring testimonies from a detective and three officers who detailed the investigation’s progression.

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Body-camera footage played during the hearing depicted Penny standing next to Neely’s prone body, identifying himself as the individual who had restrained him. “He was threatening everybody,” Penny stated on the footage, making a headlock gesture with his arms. “I took him out.”

Witness accounts revealed that Neely boarded the subway train around 2:30 p.m. on May 1, 2023, where he reportedly threw his jacket on the floor and demanded a Sprite or ginger ale. Police recordings reveal unnamed witnesses describing Neely as “erratic” and “threatening.”

One woman stated, “He was scaring the living daylights out of everybody. It seemed like he intended to do something.” Another witness added, “Penny saved the train.”

Throughout the proceedings, Penny, dressed in a baseball cap and tan jacket over a hoodie, remained behind the first responders, offering his driver’s license to one officer.

Kenniff questioned the responding officers about whether Penny was free to leave or if he was being detained, a critical point for the admissibility of his statements. The lawyer highlighted that all other witnesses were ordered off the train except for Penny. At one moment, when he attempted to exit the subway car, an officer touched his chest to stop him, instructing him to stay.

Kenniff contended that Penny felt compelled to share details with police due to the “police-dominated atmosphere.” In the interrogation room, the detective attempted to connect with Penny by discussing their shared U.S. Marine Corps service.

Penny described Neely as “a crackhead,” emphasizing that he was attempting to protect women and children on the train. “He was getting in people’s faces,” Penny remarked in the video. “He was moving from person to person. I’m not trying to kill the guy.”

When asked to demonstrate his actions, Penny stood behind the investigator, wrapping his arm around the detective’s neck to illustrate the chokehold he had applied, a technique he claimed to have learned during military training.

Penny explained that he held Neely until police arrived, stating, “I’m still holding him because he’s squirming around, I’m like, ‘Get the cops, get the cops.’ It seemed like he’d calmed down and then he’d get another burst of energy.” This point is critical, as it may clarify why Penny did not release Neely even after he appeared to stop moving.

Prosecutors allege that Penny maintained the chokehold for six minutes, continuing even after Neely ceased to struggle.

A passenger’s video from the incident captures the lengthy struggle on the subway floor, raising significant concerns about the appropriateness of Penny’s actions. As the case unfolds, the implications of this incident continue to resonate within the community and the legal system.