Daniel Penny Found Not Guilty In The Choking Death Of A Homeless Man In NYC Subway

Daniel Penny, a former Marine charged in connection with the death of Jordan Neely on a New York City subway, was found not guilty of criminally negligent homicide by a Manhattan jury on Monday, Dec. 9. The verdict comes after Judge Maxwell Wiley had earlier dismissed a manslaughter charge at the request of the Manhattan District Attorney, following the jury’s inability to reach a decision last week.

Before delivering their verdict, the jury deliberated the lesser charge of criminally negligent homicide that carried a potential four-year prison sentence. Penny, 24 at the time of the May 2023 incident, was accused of restraining Neely, a 30-year-old homeless black man, in a chokehold on a subway train. Neely had boarded the train in Manhattan, where witnesses testified he made verbal threats to passengers, complaining of hunger and expressing indifference to returning to jail.

Viral video footage of the incident showed Penny restraining Neely as two passengers assisted. Prosecutors argued that Penny was indifferent to Neely’s life, continuing the chokehold after the train stopped and its doors opened. The defense countered that the pressure applied to Neely’s neck was inconsistent and insufficient to cause his death.

The incident sparked national debates on race, homelessness, and mental health, as well as protests throughout New York City. Neely’s death, captured on video, led to public outcry and further discussions on the treatment of the mentally ill.

Despite the criminal verdict, Penny still faces potential financial liability. Neely’s father, Andre Zachery, has filed a civil suit alleging that Penny’s “negligence, carelessness, and recklessness” caused his son’s death.

In a statement following the verdict, Manhattan District Attorney Alvin Bragg said he “respects” the jury’s decision while condemning the threats directed at prosecutors during the trial. “Over the duration of this trial, talented career prosecutors and their family members were besieged with hate and threats,” Bragg said, calling such actions “unacceptable” regardless of differing opinions on the case.

A legal defense fund for Penny has raised over $2.9 million for him.

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