The Daniel Penny case is underway in Manhattan. Penny is the former marine charged with manslaughter after he placed homeless man Jordan Neely in a chokehold on the subway back in May of 2023. Neely was harassing other straphangers, including a toddler whose mother protected him with a stroller.

Now evidence in the trial shows Neely had a pulse when police arrived on the scene:

Daniel Penny court bombshell: Homeless man still had a pulse after chokehold that prosecutors say killed him https://t.co/iQCg8Mc00y pic.twitter.com/P9zdczldyF

— Daily Mail Online (@MailOnline) November 1, 2024

More from The Daily Mail:

Police detected a pulse on homeless man Jordan Neely after he was put in a chokehold by Marine veteran Daniel Penny, bombshell new bodycam footage reveals. 

The video became public today as Penny's manslaughter trial began in Manhattan. 

Penny, then 24, is accused of killing Neely by putting him in what prosecutors say was a fatal chokehold. 

The May 1st 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. 

Others say Penny is a hero, a modern-day batman who stepped in when Neely made aggressive threats on the subway, including to a toddler boy whose mother shielded him with a stroller.

If guys like Alvin Bragg, Kathy Hochul, and the Democrats running New York weren't soft on crime, Jordan Neely wouldn't have been on that subway and he'd still be alive.

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Penny is an American Hero

— Baked Turbo Flash (@BakedTurboFlash) November 1, 2024

He was a man left with no other choice, thanks to the failures of the Left.

Bombshell? This was known before the trial took place. Daniel Penny should’ve never been arrested. https://t.co/SAPmBT0BNP

— ZNO 🇺🇸 (@therealZNO) November 1, 2024

No, he shouldn't have been.

But the process is the punishment and the message is sent to other law abiding citizens: don't defend yourselves, or you will face the same consequences.

He should never have been charged. And you wonder where all the good guys went.

— Bored Grandma (@BoredGrandma) November 1, 2024

No, he shouldn't have been charged.

Not when countless other criminals walk free in New York for doing much worse and repeatedly.

Sure could have saved a lot of time, money, suffering, and damage from rioters if they had released that footage to begin with.

But I guess city hall got the blm riots they wanted so it was worth it for them.

— Ducky ¯\_(ツ)_/¯ (@thatjerkme) November 1, 2024

There was a narrative to push.

I know it's not the point but this sentence by the District attorney is quite literally the problem:

"We pass people like Jordan Neely every day. As New Yorkers, we train ourselves not to engage, not to make eye contact, to pretend people like Jordan Neely don’t exist."

— Mystromark (@mystromark) November 2, 2024

This is part of the problem.

Bombshell. Neely was alive when officers arrived. They refused to perform CPR because he looked gross and they didn’t want to get hepatitis. NYC is throwing Penny under the bus to cover their own ass. Miscarriage of justice. Everyone involved in this prosecution should be jailed. https://t.co/TnG0CdwrBn

— Matt Walsh (@MattWalshBlog) November 2, 2024

They should be.

The prosecution of Daniel Penny really is one of the greatest injustices in American history. He deserves a medal from the city. https://t.co/b2QpJevfuz

— Mystery Grove Movie List Co. (@MysteryGrove) November 1, 2024

He does.