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Daniel Penny trial: Subway madman raised fists before Marine vet's deadly chokehold, witness testifies

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Daniel Penny trial: Subway madman raised fists before Marine vet's deadly chokehold, witness testifies

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Moments before New York Marine veteran Daniel Penny placed the erratic Jordan Neely in a chokehold that proved fatal, the emotionally disturbed homeless man raised his fists in the middle of a subway car while shouting at passengers, a witness testified Thursday.

Moriela Sanchez, an 18-year-old from Harlem, said she was taking the train home from school when chaos broke out.

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Neely, 30, threw his jacket down and squared up, she testified on day 11 of what is expected to be a six-week trial in New York City.

“If no one gives him water or food, he’s gonna start putting hands on people,” she said. “He was going to start attacking.”

TEEN WITNESS TO JORDAN NEELY CHOKEHOLD TESTIFIES SHE WAS ‘SCARED’ BY HIS SHOUTING, WANTED TO ‘GET AWAY’

Daniel Penny arrives for opening arguments in his trial at Manhattan Supreme Court in New York City on Nov. 1, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

She added that he was shouting it at everyone on the train car, not any specific rider. Despite the aggression, he did not touch anyone, she added.

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“After that, Penny started putting his hands around his neck – and after that he dropped him down so he was closed off from attacking people,” Sanchez testified. “Penny dropped down on his back, and Jordan was on top of him.” 

DANIEL PENNY TRIAL: MEET THE JURORS WHO WILL DECIDE MARINE VETERAN’S FATE IN SUBWAY CHOKEHOLD CASE

Daniel Penny shown holding Jordan Neely in a chokehold.

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway.  (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

She said that she believed that Penny was doing it to stop Neely from attacking people.

She got off at the next stop and called 911. She said Penny still had Neely in a chokehold at that time. She noted that a second man, whom she described as a Black male wearing a hat, helped Penny hold Neely down during the encounter.

Under cross-examination, she said “yes” when asked if she felt a sense of relief after Penny placed Neely in a headlock, but she contradicted her own grand jury testimony when she said it looked like Penny was squeezing Neely’s neck. She said it did on Thursday. She said the opposite during the grand jury proceedings.

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Her previous grand jury testimony was read in court. She was asked, “Did it look like the white man was squeezing the black man’s neck?” 

“No, he was holding him down so he wouldn’t attack nobody,” she said. 

This was the first time in my life that I took a moment because I was scared that I was going to die in that moment.

— Kaydren Schrunk, witness

The next witness was Kaydren Schrunk, a Nike senior brand manager who lives in Brooklyn and was on her way to meet a friend for coffee when Neely died.

She testified that Neely was shouting in the middle of the train, making threatening gestures. He smelled like “soiled sweatpants” and she feared he might have a gun or a knife, although she didn’t see one.

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police officers on a subway car examining jordan neely, whose feet can be seen on the ground

A still image from NYPD bodycam video shows responding officers examining Jordan Neely, who is on the ground after Daniel Penny placed him in a chokehold. Penny is on trial facing charges of manslaughter and criminally negligent homicide. (NYPD)

“It was a scent that took over the subway – it was like physically soiled sweatpants,” she said. “Mr. Neely may not have been showering appropriately – it was a very strong odor and his sweatpants were definitely soiled.”

She could not remember exactly what he was saying, but testified that he was making life-threatening statements.

“This was the first time in my life that I took a moment because I was scared that I was going to die in that moment,” she said.

Penny intervened with a takedown “at the highest level of the outburst,” she said, testifying that his arm was across Neely’s chest. Two other men helped him hold Neely down, she said.

Jordan Neely, left, with Carolyn Neely smiling in a selfie

This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. (Courtesy Mills & Edwards, LLP via AP)

Next to testify was Johnny Grima, a 40-year-old Bronx resident who is unemployed but spends time working with the homeless. He served 13 months behind bars for bashing someone over the head with a baseball bat – but he claimed on the witness stand he didn’t do it.

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Grima said he didn’t see the start of the altercation but arrived after the train’s stopped and watched Penny let go of Neely, who was limp at the time. 

Grima testified that he said outloud that they shouldn’t leave Neely on his back while unconscious. He should be on his side so he wouldn’t choke. 

Grima, who poured water on Neely’s head, testified that Penny was “flinging Neely’s limbs around carelessly” as he repositioner him on the subway car floor.

After jurors left for lunch, Penny’s defense team took issue with how objections were handled during Grima’ testimony. Judge Maxwell Wiley said he believes that Grima’s “bias” was clear to the jury but that he still had relevant testimony to give.

A court sketch depicts the second day of testimony in Daniel Penny’s trial at Manhattan Supreme Court

A court sketch depicts Juan Alberto Vazquez testifying on the second day of testimony in Daniel Penny’s trial at Manhattan Supreme Court in New York City on Monday, November 4, 2024. Penny, a Marine veteran, is on trial for the 2023 death of Jordan Neely on the New York City subway. (Jane Rosenberg )

The trial resumed after lunch with testimony from the prosecution’s 14 witness, an NYPD 911 technician named Paula Williams. She testified about how the NYPD archives and organizes 911 calls, and described the first four calls that came in on the day of Neely’s death.

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Then the court heard the first recording aloud, although it was partly muffled.

“Someone started acting crazy on the train talking about hes ready to go to jail hes gonna hurt someone so someone took him down with a chokehold,” the caller said.

“Is there a weapon?” the dispatcher replied.

Protestors gather calling for Justice for Jordan Neely outside of the trial of Daniel Penny at Manhattan Supreme Court

Protestors gather calling for Justice for Jordan Neely outside of the trial of Daniel Penny at Manhattan Supreme Court in New York City on Friday, November 1, 2024. Today is the first day of opening statements in Penny’s trial, where he is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

“Ma’am no, but this guys got him in a restraint,” the caller said. 

Witness 15 was NYPD Officer Isatu Cesay, who responded to the scene and took the stand in uniform.

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She said that by the time she arrived, Neely was unconscious and did not appear to be breathing. He did not have a pulse when she checked sometime later.

She said she asked Penny, “Did you see what happened?” 

“Yeah,” he replied, according to her testimony. “The guy came on the train throwing s— and saying he was ready to die and go to jail for life. I put him in a chokehold and took him to the ground…I had him pretty good.”

Prosecutors then played her bodycam in court which showed a similar conversation.

Under cross-examination, she testified that other officers found a pulse before she checked herself and there wasn’t one.

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Manhattan prosecutors say that Penny went too far and negligently caused Neely’s death. The defense argues that his actions were justified defense. 

Penny, who is a 25-year-old Marine Corps veteran and college student majoring in architecture, could face up to 19 years in prison if convicted.

Neely had a history of mental illness and criminality, including a prior charge for assaulting a 67-year-old New York City woman in 2021.

This is a developing story. Stick with Fox News Digital for updates.

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Northeast

Toss-up Maine House race moves to ranked-choice tabulation with Golden, Theriault separated by 1,414 votes

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Toss-up Maine House race moves to ranked-choice tabulation with Golden, Theriault separated by 1,414 votes

A toss-up Maine House race between incumbent Democrat Rep. Jared Golden and his Republican challenger Austin Theriault is heading to a ranked-choice tabulation after no candidate received more than 50% of the vote, officials say. 

The tightly contested race in Maine’s 2nd Congressional District is one of several that will decide whether Democrats keep control of the House of Representatives or lose it to Republicans, with President-elect Donald Trump gearing up to return to the White House in January. Trump won the district in the presidential race.

As of Friday morning, the balance of power in the House is still undecided, with Republicans at 211 seats to Democrats at 199 seats. A total of 218 seats are needed for the majority.

With nearly 98% of the vote in as of Friday morning, Golden is leading Theriault by just 1,414 votes, according to The Associated Press.  

The Democrat already declared victory Wednesday over Theriault, who is a Maine state representative and former NASCAR driver, saying at the time that he was up by around 3,000 votes with “very few outstanding ballots.” 

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REPUBLICANS WITHIN STRIKING DISTANCE OF HOUSE MAJORITY AS KEY RACES REMAIN TOO CLOSE TO CALL 

Maine Democratic Rep. Jared Golden, left, and Republican challenger Austin Theriault, a former NASCAR driver and current state representative. (Graeme Sloan/Matt Sullivan/Bloomberg via Getty Images )

“Any viable path to a win for my opponent has closed, so I’m here to declare victory,” Golden told reporters. “Anyone who has observed this race knows that this was my toughest election yet. Across the country, no Democrat has withstood stronger headwinds from the top of the ticket, the pundits or the organized opposition.” 

The Maine secretary of state announced late last night that the contest is now heading to a ranked-choice tabulation that will begin in the state’s capital of Augusta next week, WMTW reported. 

Both Golden and Theriault were running for the House seat alongside write-in candidate Diane Merenda. 

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Because nobody reached a majority, second-choice votes from Merenda supporters and ballots that were submitted without a first-choice mark will be redistributed among the candidates’ totals, according to WMTW. It also reported that Theriault plans to request a recount that would start after the ranked-choice tabulation. 

HOUSE LEADERS MOVE QUICKLY TO CONSOLIDATE POWER IN SHOW OF CONFIDENCE FOR REPUBLICAN MAJORITY 

Fox News Power Rankings on the US House

Fox News Power Rankings House table. (Fox News)

“The rules are clear: A ranked-choice run-off is required only if no candidate receives more than 50 percent of first-choice votes. When the clerks reported returns on Tuesday, Congressman Golden was the candidate who received more than 50 percent of first-choice votes,” Golden’s campaign told the station. “Voters have a right to see elections decided both accurately and expediently. State Rep. Theriault has asserted his right to a recount by hand and Congressman Golden agrees to it. So let’s just do it, rather than incur the delays and expenses of a ranked-choice run-off.” 

Theriault wrote on X that “This is the closest federal or statewide race in modern Maine political history, so let’s work together to ensure an accurate count and that the final result reflects the will of the people.” 

“We were significantly outspent, but the closeness of our race against a three-term incumbent is a testament to your hard work and commitment to improving our country,” he added. 

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Austin Theriault former NASCAR driver

Austin Theriault, driver of the #51 Jacob Companies Chevrolet, looks on during qualifying for the Monster Energy NASCAR Cup Series Federated Auto Parts 400 at Richmond Raceway on Sept. 20, 2019 in Richmond, Virginia. (Jared C. Tilton/Getty Images)

 

The Maine secretary of state’s office did not immediately respond Friday to a request for comment from Fox News Digital. 

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Boston, MA

Celtics News: Boston Odds On Favorite to Win NBA Cup

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Celtics News: Boston Odds On Favorite to Win NBA Cup


The Boston Celtics are off to a strong start to the 2024-25 season. They have a 9-2 record and will look to add an NBA Cup trophy to the mix. 

The Celtics will kick off their quest for their first NBA Cup on Tuesday when they take on the Atlanta Hawks at home. 

Boston has a lot going right for them, and to no one’s surprise, according to FanDuel, they have the best odds to win the 2024 NBA Cup. 

The Celtics have the best odds of +400 to win the trophy and the $500,000 prize per player. 

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Boston is at the top, and it’s not close. The nearest team behind them is the New York Knicks, with +950 odds. The Minnesota Timberwolves (+1000), Cleveland Cavaliers (+1000), and Denver Nuggets (+1100) round out the top five. 

The Celtics are in East Group C, which features the Cavaliers, Chicago Bulls, Hawks, and Washington Wizards. The Celtics’ road to the cup is in their favor outside of the Cavaliers, who currently have the best record in the league at 12-0.

A combination of random drawing and records from last season determined the groups. Teams within each conference were put into one of five pots: one for the teams with the three best records in that conference last season, one for the next three best teams, and so on.

Last season, the Celtics came up short in the then-in-season Tournament, but with an even better team this season, the hope is that they can be the last team standing.

Boston has all the tools to raise the trophy and win the prize money. They rank fifth in points per game, fourth in average score margin, and eighth in fastbreak points. On the defensive side of the ball, they rank eighth in opponent points per game, right in opponent fastbreak points, and 10th in opponent effective field goal percentage. 

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The quest for their first cup kicks off on Tuesday. Group play games will be played on Tuesdays and Fridays from Tuesday until Dec. 6.

If the Celtics are lucky enough, they will play in the quarterfinal games on Dec. 10 and 11. The semifinals and championship will be in Las Vegas on Dec. 14 and Dec. 17. 

Nothing should be standing in the way of the Celtics, as the only core player they are missing in their lineup now is their big man, Kristaps Porziņģis. 

More Celtics: Celtics’ Joe Mazzulla Upset by ‘Ridiculous’ Non-Call on Hard Foul Against Jayson Tatum



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Pittsburg, PA

How to buy Clemson Tigers vs. Pittsburgh Panthers tickets

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How to buy Clemson Tigers vs. Pittsburgh Panthers tickets


ACC opponents square off when the No. 16 Clemson Tigers and the Pittsburgh Panthers play on Saturday, November 16, 2024 at Acrisure Stadium.

If you are looking to find Tigers vs. Panthers tickets, information is available below.

Clemson vs. Pittsburgh game info

Shop Clemson vs. Pittsburgh tickets

How to buy Clemson vs. Pittsburgh tickets for college football Week 12

You can purchase tickets to see the Tigers square off against the Panthers from multiple providers.

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Clemson vs. Pittsburgh betting odds, lines, spreads

  • Spread favorite: Tigers (-10)
  • Moneyline favorite: Tigers (-360)
  • Total: 54 (O: -111, U: -109)

Odds courtesy of BetMGM

Clemson Tigers schedule

  • Week 1: Aug. 31 at Georgia Bulldogs, 34-3 loss
  • Week 2: Sept. 7 vs. Appalachian State Mountaineers, 66-20 win
  • Week 4: Sept. 21 vs. North Carolina State Wolfpack, 59-35 win
  • Week 5: Sept. 28 vs. Stanford Cardinal, 40-14 win
  • Week 6: Oct. 5 at Florida State Seminoles, 29-13 win
  • Week 7: Oct. 12 at Wake Forest Demon Deacons, 49-14 win
  • Week 8: Oct. 19 vs. Virginia Cavaliers, 48-31 win
  • Week 10: Nov. 2 vs. Louisville Cardinals, 33-21 loss
  • Week 11: Nov. 9 at Virginia Tech Hokies, 24-14 win
  • Week 12: Nov. 16 at 12 p.m. ET at Pittsburgh Panthers
  • Week 13: Nov. 23 vs. The Citadel Bulldogs
  • Week 14: Nov. 30 vs. South Carolina Gamecocks

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Clemson Tigers stats

  • Offensively, Clemson has been a top-25 unit, ranking seventh-best in the FBS by putting up 473.4 yards per game. The defense ranks 41st (337.1 yards allowed per game).
  • The Tigers rank 57th in scoring defense this year (23.1 points allowed per game), but they’ve been playing really well on the other side of the ball, ranking 14th-best in the FBS with 37.7 points per game.
  • Clemson sports the 54th-ranked defense this season in terms of passing yards (207.8 allowed per game), and has been more effective on the other side of the ball, ranking 24th-best with 274.8 passing yards per game.
  • The Tigers are compiling 198.7 rushing yards per game on offense, which ranks them 26th in the FBS. On the defensive side of the ball, they rank 44th, allowing 129.3 rushing yards per contest.

Pittsburgh Panthers schedule

  • Week 1: Aug. 31 vs. Kent State Golden Flashes, 55-24 win
  • Week 2: Sept. 7 at Cincinnati Bearcats, 28-27 win
  • Week 3: Sept. 14 vs. West Virginia Mountaineers, 38-34 win
  • Week 4: Sept. 21 vs. Youngstown State Penguins, 73-17 win
  • Week 6: Oct. 5 at North Carolina Tar Heels, 34-24 win
  • Week 7: Oct. 12 vs. California Golden Bears, 17-15 win
  • Week 9: Oct. 24 vs. Syracuse Orange, 41-13 win
  • Week 10: Nov. 2 at SMU Mustangs, 48-25 loss
  • Week 11: Nov. 9 vs. Virginia Cavaliers, 24-19 loss
  • Week 12: Nov. 16 at 12 p.m. ET vs. Clemson Tigers
  • Week 13: Nov. 23 at Louisville Cardinals
  • Week 14: Nov. 30 at Boston College Eagles

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Pittsburgh Panthers stats

  • Pittsburgh ranks 36th with 427.8 total yards per game on offense, and it ranks 62nd with 361.4 total yards ceded per contest on the defensive side of the ball.
  • The Panthers’ defense ranks 72nd in the FBS with 25.1 points given up per contest, but they’ve been led by their offense, which ranks 16th-best by compiling 36.7 points per contest.
  • On the defensive side of the ball, Pittsburgh is a bottom-25 pass unit, surrendering 251.7 passing yards per game (21st-worst). Fortunately, it is thriving on offense, posting 277.1 passing yards per contest (22nd-best).
  • The Panthers rank 74th in the FBS with 150.7 rushing yards per game, but they’ve been carried by their defense, which ranks 18th-best by allowing only 109.8 rushing yards per game.

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This content was created for Gannett using technology provided by Data Skrive.



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