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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

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.

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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.

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.

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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.

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.

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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.

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.

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. 

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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 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.

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

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“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 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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New York

She’s Riding in Five Boro Bike Tour, and She’s Happy to Wear a Helmet

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She’s Riding in Five Boro Bike Tour, and She’s Happy to Wear a Helmet

Good morning. It’s Friday. We’ll meet a first-time rider in the Five Boro Bike Tour who learned the hard way that wearing a helmet matters. And on this, the 95th anniversary of the day the Empire State Building opened, we’ll find out about some of the workers who built it.

As a first-timer in the Five Boro Bike Tour on Sunday, Patricia Hochhauser will wear a helmet. It’s a must for the 32,000 entrants.

But Hochhauser has special reason to. She wasn’t wearing one a couple of years ago, when she tried out a gas-powered scooter. Her husband, Harold Hochhauser, said it had bucked and thrown her off. She sustained a traumatic brain injury.

“I live every day with the consequences of not wearing that helmet,” she said. She was checking out the scooter in a parking lot. “I was so excited about it, thinking I was going to do errands in the neighborhood — put on a backpack and throw my groceries in there,” she said. “I had all these big hopes and dreams.” She said she did not remember anything about the accident “until they were putting staples in my head” — 15 in all, she said.

The accident cost her a job opportunity, she said: She had been scheduled to start training a week later as a bus driver with the Metropolitan Transportation Authority. She had been a school bus driver and was looking forward to getting behind the wheel of one of the 1,300 buses in the M.T.A.’s fleet.

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On Sunday she is looking forward to riding over the 2.6-mile-long Verrazzano-Narrows Bridge. The lower level will be closed to cars and trucks to accommodate the cyclists, who will start out at Franklin Street and Church Street in TriBeCa in Manhattan. Some avenues and major highways will also be off limits to cars and trucks at times during the tour. The City Department of Transportation’s traffic advisory is here. And the Five Boro Bike Tour does not permit scooters like the one she was riding when she had the accident. Some e-bikes are allowed. She plans to ride her regular road bike.

When the accident happened, Hochhauser and her husband were already practiced cyclists and owned helmets. But they never bothered with them, she said.

Why not?

“Because we are Gen X, and I grew up not having to wear a helmet,” she said. “Half the time growing up, I didn’t even have to wear a seatbelt in the car. It wasn’t like, Oh, get in the back seat and buckle up, you know?”

After the accident, she was determined to ride again. Harold Hochhauser said that their first outings were difficult. To help her maintain balance, he put training wheels on her bike — since removed, he said.

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Last year they rode in the Tour de Yonkers, picking the 50-mile route, the longest of three that participants could follow. She said there were hills that she could not conquer — she had to get off and walk up.

“I’m doing it all myself this time,” she said. “I am, you know, stronger than I was then.”


Weather

Today will be bright and sunny with a high near 65. Expect increasing clouds and a chance of rain tonight, as temperatures fall near 51.

ALTERNATE-SIDE PARKING

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In effect until May 14 (Solemnity of the Ascension).

QUOTE OF THE DAY

“I would probably encourage him to return the Koh-i-Noor diamond.” — Mayor Zohran Mamdani, on what he would have said to King Charles III if they had met privately during the royal visit on Wednesday. The priceless jewel is a symbol of colonial plunder.

On another May 1 — in 1931, by coincidence also a Friday — the Empire State Building opened, and on that morning, everyone’s perspective changed. People were awed by the view of the building and the view from the building, “a new view” of New York, as The New York Times described it from 85 stories up. The ships in the Hudson River were “little more than rowboats,” the paper reported. Fifth Avenue and Broadway were “slender black ribbons.”

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The Times said that 3,400 workers had “coordinated tasks to finish ahead of schedule.” Glenn Kurtz, whose father’s office was in the building, wondered who they were.

“When you look at the standard histories, the answer is always the architects, the owners and the contractors,” Kurtz told me. He wanted to know about the “people who had tools in their hands.”

“I very quickly discovered there was almost no information about them,” he said. There was no list of their names; the men in famous photographs taken by Lewis W. Hine “have invariably been referred to as ‘anonymous workers,’” Kurtz said. He spent a decade doing research for the book “Men at Work: The Empire State Building and the Untold Story of the Craftsmen Who Built It” and put names to some of the faces in Hine’s photos.

He spotted 32 names on a plaque in the lobby — for workers who were given “certificates of superior craftsmanship” — and realized that many were the men in Hine’s photographs.

But the images themselves were why the workers’ identities had been overlooked. “The photographs are iconic, they represent a generalized ideal, and we love generalized ideals,” Kurtz said. To say, ‘Oh, that’s not this magnificent, iconic image of a worker, it’s Victor Gosselin, who lived in Canada and died in a car crash’ — many people would feel it diminishes the image to know who the actual person was.”

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Or, as he said a moment later, “the actual lives of these men often undermine the mythology.”

Gosselin was almost certainly a Mohawk from the Kahnawake reservation, whose territory once reached what is now upstate New York. Another, George Adams, was apparently distantly related to the second president of the United States, John Adams. Others were recent immigrants from Ireland and Italy, as well as Eastern Europe and Scandinavia. Some were sons or grandsons of German or Scottish immigrants.

In “Men at Work,” Kurtz described Neil Doherty, an ironworker Hine photographed, as one of the few “allowed to have his own voice” in newspaper articles about the construction of the huge skyscraper.

“It’s just like anything else,” Doherty was quoted as saying in one article. “A person on solid ground never has any fear of falling. That’s just the way you become, up on the girders after a while, and you have to watch yourself taking that attitude. Usually the two days off at the end of the week are enough to take away this carelessness.”

Gosselin was “the single best-known worker on the building” because he was photogenic and charismatic, Kurtz said. “And in every portrayal of him, he epitomizes the cultural ideal that has so powerfully shaped our image of the workmen who built the Empire State.“

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“My real question was, What does the building stand for?” Kurtz told me. “One way to think of it is as a central symbol of America in the 20th century. If we imagine it in those terms, do we think of the five rich men who were funding it, or do we think in terms of the 10,000 mostly immigrant men who built it? The story of the five is told over and over again. I thought it would be interesting to tell the other story.”


METROPOLITAN diary

Dear Diary:

I was walking down Clinton Street on the Lower East Side when I passed a couple of guys sitting on a bench.

“You look like you’re in a witness protection program,” one said.

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“Excuse me?” I asked.

“You look like you’re in a witness protection program, for sure,” he repeated.

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Boston, MA

With Jayson Tatum out, Celtics debut brand-new starting lineup in Game 7

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With Jayson Tatum out, Celtics debut brand-new starting lineup in Game 7


With Jayson Tatum unavailable, Celtics head coach Joe Mazzulla threw his starting lineup into a blender for Game 7 against the Philadelphia 76ers.

Boston opened Saturday’s win-or-go-home game at TD Garden with a five-man unit of Derrick White, Ron Harper Jr., Baylor Scheierman, Jaylen Brown and Luka Garza.

White and Brown are longtime starting-lineup staples, and Scheierman, Harper and Garza all started games at different points this season. But this was that quintet’s first time sharing the floor. They’d played zero minutes together during the regular season or postseason.

Harper, Scheierman and Garza were part of Boston’s top-performing lineup in Game 6. Those three, along with Payton Pritchard and Jordan Walsh, staged a late-game rally, cutting a 23-point deficit to 12 before losing steam in the final minutes of Philadelphia’s series-extending 106-93 win.

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Pittsburg, PA

Highbrow vs. lowbrow: Pittsburgh Opera fronts fat jokes in season-ending comedy, ‘Falstaff’

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Highbrow vs. lowbrow: Pittsburgh Opera fronts fat jokes in season-ending comedy, ‘Falstaff’






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