A teenage subway passenger who was at the scene of the deadly fight between Marine Corps veteran Daniel Penny and combative homeless man Jordan Neely said Monday that he was “scared” by Jordan's screams before he was strangled and silenced. I testified.
In May 2023, Yvette Rosario, 19, was riding in a subway F train car with a friend when Penny strangled Neely.
Rosario is a high school senior from the Bronx who has lived in New York City for 10 years after immigrating from the Dominican Republic. She was the sixth witness to take the stand at Penny's trial, testifying Monday that Neely forced his way onto the train and stuck his hand in the door to prevent it from closing quickly, delaying the train's departure.
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Daniel Penny (center) arrives for opening argument at trial in Manhattan Supreme Court, New York City, November 1, 2024. Penny, a retired Marine, is charged with second-degree manslaughter and criminally negligent homicide in Jordan's 2023 death. Neely on the New York City subway. (Adam Gray, Fox News Digital)
“I was homeless, I had no money and I didn't care about going to jail,” he cried as he tore off his sweater.
Although he didn't talk to anyone in particular, she said he made her nervous, yelled in a high-pitched voice, and seemed physically angry.
“The tone he was speaking in scared me,” she said. “I looked at the situation and it was not like that.
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A still image from NYPD body camera video shows an officer examining Jordan Neely, who is on the ground after being strangled by Daniel Penny. Penny is on trial for manslaughter and manslaughter. (New York City Police Department)
During cross-examination, she stated that she heard Neely warn that someone would die that day.
“I just wanted the door to open so I could escape,” she testified.
Then she heard a thud and saw Penny and Neely struggling on the subway floor.
She eventually called 911 and recorded a video on her cell phone of Penny holding Neely in a “headlock.”
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A courtroom sketch depicts Juan Alberto Vazquez testifying during the second day of testimony in the trial of Daniel Penny in Manhattan Supreme Court on Monday, November 4, 2024 in New York City. Penny is a Marine Corps veteran who is on trial for the 2023 death of Jordan. Neely on the New York City subway. (Jane Rosenberg)
Next on the stand was Spanish-language journalist Juan Alberto Vazquez, who recorded part of the encounter on video and gave his testimony with the help of an interpreter.
He testified that Neely sounded “violent and desperate” as he complained of hunger and thirst to passengers on the train. The homeless man was acting strange and screaming, so he asked someone to call 911, police said. He testified that he did not see a weapon but was concerned that Neely had one.
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He testified that another man wearing a black hat helped Penny hold Neely down while they waited for police.
Penny, a 25-year-old Marine Corps veteran and college student majoring in architecture, could face up to 19 years in prison if convicted.
Neely is a 30-year-old homeless man and former Michael Jackson impersonator with a history of mental illness and criminal activity, including a previous conviction for assaulting a 67-year-old man. new york city Women of 2021.
