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.