FIRST ON FOX: NYC Subway Attack Unveiled in Court Papers

Startling revelations emerge from court papers regarding a harrowing incident on a crowded NYC subway. A mother, her son, and a high school student found themselves in a terrifying situation when Jordan Neely began a menacing tirade, uttering chilling words like "someone is going to die today" before meeting a fatal end in a chokehold.

One passenger described Neely's erratic behavior on May 1 as "sickening" and "satanic." She feared for her life as Neely approached her, labeling the encounter as "absolutely traumatizing."

These details have been disclosed for the first time in a motion seeking to dismiss charges against Marine veteran Daniel Penny, who's accused of using a chokehold to protect fellow passengers.

The court papers rely on the testimonies of over a dozen witnesses who testified before the grand jury that indicted Penny, facing one count each of second-degree manslaughter and criminally negligent homicide.

The Subway Chaos Unfolds

At 2:23 p.m., Neely boarded the F train at the Second Avenue station in Manhattan. He discarded his jacket, started making threats, and lunging at passengers, according to defense attorneys Thomas Kenniff and Steven Raiser.

Neely, who grappled with mental illness, had a history of violent incidents in the subway.

A woman, on her way to her son's therapy appointment, recalled Neely's alarming statements like "I want to hurt people, I want to go to Rikers. I want to go to prison." She shielded her son behind a stroller as Neely charged at passengers, as she testified in the grand jury.

A high school student also heard Neely's ominous words, "someone is going to die today," and began praying for the doors to open, touching her classmate's chest.

A retiree with decades of subway experience shared, "nothing had ever put fear into me like that."

As passengers tried to distance themselves, Penny intervened, grabbing Neely from behind, dragging him to the floor. The two struggled for minutes, with two other men helping to restrain Neely.

Penny persisted in a chokehold even after Neely went limp, as per the prosecution.

The Tragic Outcome

The city's medical examiner determined Neely's death as a homicide due to neck compression.

The defense motion argues that the indictment should be dismissed due to discrepancies in Dr. Cynthia Harris's testimony regarding Neely's cause of death. Harris did not clearly explain that Neely suffocated from a chokehold.

The defense also points out that Penny followed his training by using non-lethal chokeholds, contrary to increasing the lethality by pushing Neely's head forward and applying consistent pressure on his arteries.

Public Opinion and Legal Battle

The video of this incident ignited protests and divided public opinion, with many New Yorkers questioning whether Penny's actions were justified.

Manhattan District Attorney Alvin Bragg's decision to prosecute Penny has been met with both support and criticism, with Neely's family demanding a murder charge.

A campaign to fund Penny's legal defense on GiveSendGo has raised over $2.9 million.

Penny, in an interview with Fox News Digital, expressed no regrets for his actions, despite the turmoil they have brought into his life. He firmly believes that he prevented Neely from carrying out his threats, potentially saving lives.

If convicted, Penny faces a prison sentence of five to 15 years. The Manhattan District Attorney's Office has refrained from commenting on the matter.