The prosecutor and a witness in the trial of Daniel Penny referred to him as “the white man” during testimony while referring to the deceased, Jordan Neely, as “Mr. Neely.”
On day two of the controversial trial, where Penny faces charges relating to the death of Neely after the latter allegedly threatened New York City subway passengers, Ivette Rosario testified about what she saw when Penny placed Neely in a chokehold to prevent him from hurting other passengers.
Rosario filmed a short video of Penny restraining Neely in the chokehold and was asked about her experience the day Neely died, the New York Post reported. Rosario apparently didn’t know Penny’s name, so she referred to him as “the white guy,” and the prosecution not only didn’t correct her but began referring to Penny as “the white man” throughout her testimony. Rosario, an immigrant from the Dominican Republic who has lived in New York City for 10 years, referred to Neely by his first name or as “Mr. Neely.” Manhattan Assistant District Attorney Jillian Shartrand did the same throughout the exchange.
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The two referred to Penny as “the white man” or “the white guy” more than half a dozen times during Rosario’s testimony, the Post reported.
When Thomas Kenniff, Penny’s defense attorney, stepped up to cross-examine Rosario, he first pointed out that “the white man” had a name: Danny.
Rosario told the jury that she was frightened of Neely on May 1, 2023, when he entered the train, removed his sweater, and angrily announced to everyone that he was homeless, had no money, and didn’t care about returning to jail, according to the Inner City Press.
ADA: Where did he throw his sweater?
Rosario: It didn’t land on any one.
ADA: Did he touch anyone?
Rosario: I didn’t see that, no. No weapons.
ADA: What did you do?
Rosario: I was very nervous. I got scared by the tone of what he was saying, an angry tone.— Inner City Press (@innercitypress) November 4, 2024
“I got scared by the tone. It was an angry tone,” she said, according to the Post.
The Post noted that during opening statements on Friday, the prosecution asked why Penny did “not see Mr. Neely’s humanity,” yet on Monday wouldn’t even use his name.
In the opening days of the trial, law enforcement said Neely was alive when first responders arrived at the scene, but they did not give Neely mouth-to-mouth because officers were worried about what diseases he may have been carrying, The Daily Wire reported.
“He was an apparent drug user and he was very dirty,” NYPD Sgt. Carl Johnson testified, according to the Post. “I didn’t want my officers to put their lips on his mouth. They could get hepatitis or AIDS … chest compressions would be enough to get him awake.”
Penny, a 26-year-old former Marine, faces up to 15 years in prison if convicted of manslaughter or up to 4 years if he’s convicted on the lesser charge of criminally negligent homicide.