Daniel Penny Chokehold Case Latest: The Three Key Pieces of Evidence Deliberating Jury Have Asked to See As They Weigh Up Self Defense V Brute Force Argument

Jurors deliberating the fate of Daniel Penny have asked the judge if they can review three vital pieces of evidence in his manslaughter trial.

The 26-year-old Marine veteran is accused of using a deadly chokehold to restrain Jordan Neely, a 30-year-old homeless man, on a New York City subway in May 2023, RadarOnline.com can reveal.

Neely was a schizophrenic who was high on drugs and shouting death threats at subway passengers at the time, telling them someone was going to "die today" and that he didn't care about going to prison for life.

Penny maintains he stepped in and grabbed Neely from behind in a chokehold to subdue him.

The jury, comprised of seven women and five men, have been busy already. On Tuesday, they asked the judge if they could again hear a specific portion of his instructions on justification defenses.

While on Wednesday, they requested a look at a trio of videos connected to the case.

The first showed Penny's initial police interrogation with Detectives Michael Medina and Brian McCarthy at the Fifth Precinct building in Manhattan. It would be the only time Penny would recall the events of that day firsthand.

Penny can be heard explaining: "Some guy came in, and he's like with his jacket off. And he's like, 'I'm gonna kill everybody. I'm gonna go to prison forever. I don't care.'"

The Marine said the homeless man was "talking gibberish" before he decided to take action.

He added: "I just kind of, like, grabbed him from behind."

Penny clarified: "He was acting like a lunatic, like a crazy person. And he was rolling around the floor. And, at that point, the train stopped. I was like, 'Someone call the cops,' and he's still, like, rolling around, still going crazy. I had two other guys kind of help me just kind of keep him from going nuts."

Next jurors asked for the full video taken by Juan Alberto Vazquez, who was on the train and saw it all.

The video has already been viewed several times during the trial, and it's not clear what jurors are looking for now. It shows Neely on the floor, with Penny behind and on top of him, locking him in a headlock, as another man held Neely's arms down.

Finally, the group took another look at police bodycam footage from the moment cops confronted Penny and Neely on the train.

Also on Wednesday, Neely's father filed a civil lawsuit against Penny for negligent contact, assault and battery that led to his son's death.

The new lawsuit claims: "The aforesaid incident, injuries, and death were caused by reason of defendant Daniel Penny’s negligence."

Neely’s father, Andre Zachery, requested damages "in such sum as a jury may find reasonable, fair, and just."

Penny's lawyer, Steven Raiser, has argued his client was trying to protect others in the subway car that fateful day. Penny has pleaded not guilty to the charges.

Assistant Manhattan DA Dafna Yoran has asked jurors to convict Penny of manslaughter, and during the trial warned the jury their verdict should be based on whether they themselves would be thankful for his intervention, or weigh testimony from his loved ones and supporters that he is a "good man."

She said: "What is so tragic about this case, is that even though the defendant started out doing the right thing… a man died. He was given all the signs he needed to stop. He ignored them. He must be held accountable for that."

Yoran added: "You're not here to decide whether you'd want to ride alone on the train with Jordan Neely. That is not what this case is about. The only thing you need to determine here is whether or not the evidence here proves the defendant killed Jordan Neely."

Have a tip? Send it to us! Email RadarOnline.com at tips@radaronline.com.