Daniel Penny found not guilty in death of Jordan Neely on New York subway

Daniel Penny was acquitted of criminally negligent homicide in the death of Jordan Neely on a subway.

A New York jury acquitted ex-Marine Daniel Penny of criminally negligent homicide on Monday, following a highly charged trial stemming from the death of Jordan Neely, a homeless Black man, on a New York City subway in May 2023.

Penny had been charged with second-degree manslaughter after using a chokehold on Neely, an incident that gained widespread attention after a viral video surfaced.

The trial, which lasted seven weeks, focused on the details of the altercation on the subway, during which Penny, 26, restrained Neely for several minutes after Neely reportedly began shouting and causing distress among passengers. The prosecution argued that Penny had acted recklessly and that his actions went too far in trying to protect himself. They claimed that the chokehold, which lasted six minutes, was excessive and led directly to Neely's death.

In contrast, Penny's defense team contended that he acted in self-defense and was trying to protect passengers from Neely’s aggressive behavior. They argued that the chokehold was not intended to cause harm but was a means to subdue a perceived threat.

The jury deliberated for several days, first considering manslaughter before Judge Maxwell Wiley allowed them to weigh the less severe charge of criminally negligent homicide. On Friday, the jury indicated they were unable to reach a unanimous decision on manslaughter, prompting the judge to issue an "Allen charge," urging them to keep deliberating. By Monday, Penny was acquitted of criminally negligent homicide.

The case sparked intense debate across the country, with some hailing Penny as a hero for protecting passengers, while others, including civil rights groups, criticized his actions as excessive and racially charged. New York Rep. Alexandria Ocasio-Cortez condemned the incident, labeling it as murder. Meanwhile, figures on the right, including Florida Gov. Ron DeSantis and conservative donors, raised over $3 million for Penny's legal defense.

In the aftermath of the verdict, Neely’s father filed a civil lawsuit against Penny, seeking damages for assault and battery. Penny’s attorney, Steven Raiser, dismissed the lawsuit as an attempt to undermine Penny’s legal battle, noting the ongoing jury deliberations in the criminal case.

The death of Neely, a 30-year-old man with a history of mental illness and trauma, has drawn attention to the broader issues of homelessness and mental health in New York City. Neely had been listed on a city watch list for individuals with mental health challenges and had an arrest warrant at the time of the incident.