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Extended video shows Daniel Penny appearing to ignore a person who warned 'you're going to kill him' while he had Jordan Neely in a chokehold

A group of protestors outside, with one in the center holding a brown cardboard sign that reads "Being houseless is not a crime"
A group of several hundred people protest the death of Jordan Neely, Friday, May 5, 2023, at Washington Square Park in New York. Neely, a locally-known Michael Jackson impersonator who friends say suffered from worsening mental health, died Monday, May 1, when a fellow rider pulled him to the floor and pinned him with a hold taught in Marine combat training.Brooke Lansdale/AP
  • A bystander can be heard telling people that Jordan Neely may die in a longer video of the incident.

  • The bystander noted that Neely had defecated, which indicates someone may be close to dying.

  • Insider identified Marine veteran Daniel Penny as the man who put Neely in the chokehold.

Daniel Penny and other bystanders who pinned down Jordan Neely during their fatal encounter on Monday were warned by another person on the New York subway that they were "going to kill him," a video obtained by the Daily Mail shows. Penny did not heed the warnings.

While Penny, a 24-year-old Marine veteran, put Neely in a chokehold in a New York subway car for several minutes as bystanders helped pin the man down until he went limp, the extended video shows a person emerge from the side of the scene, noting that Neely defecated and that those restraining him should be concerned about a "murder charge."

Defecation is one of the tell-tale signs that a person being choked or strangled is close to death, according to the New York State Division of Criminal Justice Services.

"Because after he's defecated himself, that's it. You've got to let him go," the bystander can be heard saying in the video.

One of the people pinning Neely down claimed that Neely did not defecate and that the stain on his pants was old. He also claimed that Penny was not "squeezing" Neely's neck. This same person later asks Neely if he can hear. When the unconscious Neely does not respond, the person pinning Neely's arms down then asks Penny to release him, which he finally does.

Neely was pronounced dead after being taken to the hospital. The medical examiner's office determined Neely died from compression to the neck and classified his death as a homicide on Wednesday, according to multiple reports.

However, Penny, whose identity was revealed by Insider on Friday, has not been charged with any crimes. 

In a statement released Friday, Penny's attorneys Steven Raiser and Thomas Kenniff said their client "never intended to harm Mr. Neely and could not have foreseen his untimely death."

Neely — an unhoused Black man known for performing on the subway as a Michael Jackson impersonator — had been yelling about being hungry and thirsty, telling people on the train that he was "ready to die." He did not assault anyone on the train, Juan Alberto Vasquez, the eyewitness who had filmed the incident, told The New York Times.

On Friday, hundreds of protestors took to the streets of New York City to demand justice for Neely.

Lawyers for Penny did not immediately respond to Insider's request for comment.

Read the original article on Insider