(ConservativeHub.com) – According to a recently released court filing, woman and her child hid behind a stroller on May 1 as Jordan Neely entered a NYC subway train, while another witness alleged that he shouted someone would “die today.” The man later died after being placed in a chokehold.
One of the witnesses who testified described the behavior of Neely as “satanic” and “sickening.” According to court documents, they said they thought they were going to die during the incident.
These details were cited in a motion filed to have the charges against Daniel Penny, a Marine veteran, dismissed. The man is accused of having killed Neely with the chokehold while restraining him. As a result of this case, over a dozen witnesses have been called to testify before the grand jury that had called for the 24-year-old Marine to be indicted on one count of criminally negligent homicide and one count of second-degree manslaughter.
The incident in question took place when Neely had boarded the F train at around 2:23 p.m. He then proceeded to throw his jacket on the floor and started to shout aggressively and lunge at many of the other passengers on the train. Neely reportedly had a history of being involved in violent attacks on subway rides and was suffering from mental illness. The motion to have the charges against Penny dismissed was filed by Steven Raiser and Thomas Kenniff, two defense attorneys. They cited the witness testimony in an effort to argue that Neely was a true threat to the passengers. The lawyers also argued that the medical examiner never provided sufficient evidence that Neely actually died from asphyxiation.
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