Detective Brian McCarthy testified that he did not tell Penny that Neely had died during the interrogation — though video of the subway car shows that Penny witnessed police officers trying to revive a lifeless Neely minutes after the chokehold ended.

A man who aided Daniel Penny while he restrained Jordan Neely in a lethal chokehold aboard a subway car in May 2023 recalled telling the former U.S. Marine he could safely release his grip from Neely’s neck in trial testimony on Tuesday.

Daniel Penny has been charged with manslaughter and criminally negligent homicide following a May 2023 incident on a New York City subway resulting in the death of Jordan Neely.