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. “He said he had no food, he had no drink, that he was tired and doesn’t care if he goes to jail. He started screaming all these things, took off his jacket, a black jacket that he had, and threw it on the ground.”Another witness, who was with her son during the encounter, testified before the grand jury that Neely was threatening the passengers by saying, “I want to go to Rikers; I want to go to
Upon arriving at the Broadway-Lafayette Street/Bleeker Street station, the conductor called 911, but EMS was not able to revive Neely. Authorities did not find any weapons in Neely’s jacket pockets. charged Penny with second-degree manslaughter and negligent homicide. Penny pleaded not guilty, and he was released on a $100,000 bond.
Neely was previously arrested 42 times for evading fares, theft, and also assaulting three women. In 2021, he pleaded guilty to assaulting a 67-year-old woman leaving a subway station.Both the prosecution and the defense have attempted to prevent the inclusion of information and expert testimony in the trial.
“Their suggested introduction is a transparent attempt by the defense to smear the victim’s character so that the jury will devalue his life,” Assistant District Attorney Dafna Yoran wrote in a legal filing.
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