The witness said that he looked up from his phone and saw Daniel Penny struggling with Jorden Neely on the floor of the train and heard other bystanders ask those around them to call the police.

The man seen on video helping Daniel Penny restrain Jordan Neely on board the subway last year took the stand Tuesday on day five of witness testimony in Penny's trial.Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in Neely's chokehold death.

A subway commuter who helped an ex-Marine restrain an agitated man aboard a Manhattan subway last year testified Tuesday that he tried to convince the veteran to loosen his grip around the man’s neck.