BREAKING NEWSSubway riders admit they were terrified before Daniel Penny put ranting homeless man in chokehold

The terrified subway passengers who were on a New York City train with Marine veteran Daniel Penny when he placed a homeless man in a chokehold told his manslaughter trial today how scared they were before he stepped in. 

Jordan Neely, a 30-year-old Michael Jackson impersonator with mental health issues, was telling passengers he was prepared to go back to Rikers and someone will die today when 24-year-old Daniel Penny dragged him to the floor and put him in a six-minute chokehold.

Pennys defense says he never intended to kill the man and that its not definitive that he is to blame for his death. Neely was still alive on the train when police arrived but was pronounced dead in the hospital afterwards. 

On Monday, two witnesses took the stand on Monday morning at Manhattan Supreme Court to testify about what they saw in the lead up to Neelys death on May 1, 2023.

High school student Ivette Rosario called 911 telling the operator she was terrified of angry Neely. She said Daniel Penny stepped in to protect other passengers 

Marine veteran Daniel Penny is on trial for manslaughter in Manhattans Supreme Court 

A 19-year-old high school senior, Ivette Rosario, revealed she buried her head in her friends chest and prayed the doors would open when Neely began ranting on the train.

When the train finally reached Broadway Lafayette she was one of a handful of passengers to call 911.

Audio of the call was played for the jury. The young girl, who was on her way home from school at the time, told the dispatch operator that there was a guy saying he was going to harm people on the train.

Speaking of Penny, she said: This guy stepped in and is holding him down.

In court, as that audio was played, she described Pennys actions as stepping up for those around him.

The May 2023 incident sparked uproar in America - BLM says it was the racist killing of a mentally ill black man by an overzealous white military faithful.

In the 911 call, she described the offenders appearance as black.

The one making the harm is black, she said. Theyre pinning him down.

Rosario told the court that Neelys outburst on the train made her so nervous she thought she would pass out.

Instead, she buried her head into her friends chest and attempted to stay calm until they reached the next stop.

During this time, Rosario said she never saw Neely approach any passengers on the train directly, and she understood that he was not aiming his frustration at any singular passenger in particular.

Defense lawyer Thomas Kenniff noted that her head was buried most of the altercation, meaning she may have missed key physical moments.

But she did recall hearing the threats and comments Neely was making.

It was the tone, she said.

Penny, left, waited for police to arrive. He told them: I put him out, when asked how Neely ended up unconscious 

New bodycam shows two police officers checking Neely for a pulse - and finding one 

It was scary. It was angry… I was very shaky.

Rosario recalled Neely telling passengers he was homeless and thirsty. He then began telling people he was willing to go back to jail.

She also heard him say someone was going to die today.

Rosario said she rides the subway between her home in the Bronx and high school every day, and is no stranger to witnessing outbursts on public transport.

Ive been on the train before where Ive heard stuff, she said. But nothing ever like this.

Rosario also filmed a small clip when she got off the train at Broadway Lafayette, moments before calling authorities.

In the clip, which was played in court for the jury, Neely appeared to no longer be moving as Penny kept his arm firmly around his throat. 

Prosecutors claim an onlooker shouted hes dying, youve got to let go, but Rosario said she did not hear that warning. 

A second witness who was riding on the train, 59-year-old Mexican journalist Juan Vasquez, told the court that Neely did begin fighting back after he initially stopped moving.

Almost for a moment, they didnt move much, and then the struggle began, he said via a Spanish interpreter.

Neely tried really hard to break free, desperately moving his legs to try to get loose.

Black Lives Matter protesters outside the Manhattan courthouse on Friday 

Vasquez provided almost six minutes worth of footage showing this struggle to authorities, and revealed on the stand on Monday that he is seeking a U visa for his cooperation.

The U visa allows a pathway for non-Americans to remain in the country if they are the victim of a serious crime, or assist in solving a case.

He said he learned of the visa in April or May of this year and contacted an immigration attorney about what I had seen.

That immigration attorney is now working to help Vasquez secure the visa. He said the District Attorneys office must certify his assistance, but said he has not received any promises that he will be allowed to live in America long term in exchange for his cooperation.

Vasquez has been in the United States for seven years and working as a freelance Spanish-language journalist. He said he sold his footage on one occasion after filming the altercation, and was made two other offers but could not reach an agreement with the prospective buyers.

Prosecutors on Friday described his video footage as the most critical piece of evidence that jurors will see.

Despite being a little further from the fray on the train and not speaking much English, Vasquez said he immediately went on alert when he noticed Neelys tone on the train.

He picked up certain phrases – that Neely was hungry, thirsty and something else I understood was he did not care if he would be thrown back in jail.

He sounded violent and desperate. The tone of his voice was loud, Vasquez told jurors.

I was a bit nervous and entered alert mode… a state of alert.

He said after it became apparent that Neely was no longer moving or fighting back – six minutes after the altercation began – Penny got to his feet, picked up his cap and tried to move one of Neelys arms to place it like a pillow underneath him. 

Like Rosario, Vasquez did not have a clear view of the altercation. He heard bodies smack to the floor, and the sound of a struggle. But he didnt see Penny approach Neely, nor did he see Neely threatening specific passengers.

Last week during opening statements, Pennys attorney said the then-24-year-old Marine veteran only intervened when Neely made his way toward a woman who was sheltering her son with his pram, making threats about dying.

Penny stands accused of manslaughter and negligent homicide.

But body worn footage from police officers who first responded to the scene was played on the opening day of the trial revealing Neely had a pulse when they arrived.

NYPD officers arrived on the train at Fulton Station at 2.33pm.

Two police officers confirmed that Neely still had a pulse when they arrived.

I got a pulse, one said. A second police officer confirmed that he too felt a pulse.

Neely was unconscious, lying on the subway car floor.

When asked how Neely ended up there, Penny replied: I put him out.

Despite initially detecting a pulse, they issued Narcan - the drug used to reverse opioid overdoses - to Neely - and started CPR at 2.38pm.

Police did not attempt to perform mouth-to-mouth rescusitation because Neely was an apparent drug user... very dirty and could have vomited on officers if he woke up, NYPD Sergeant Carl Johnson said when called to the witness stand.