NEW YORK, NEW YORK - MAY 12: Daniel Penny is transported to his arraignment after surrendering to the NYPD at the 5th Precinct on May 12, 2023 in New York City. Penny turned himself in after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely. Neely was killed last week on the F train after being placed in a chokehold at the Broadway-Lafayette station by Penny. Witnesses reported that Neely was acting erratic on the train and screaming about being hungry and tired but had not physically attacked anyone before being placed in the chokehold. Penny was initially taken into custody by the NYPD for questioning and later released. Neely's death was ruled a homicide by the medical examiner's office, days after the incident. (Photo by Michael M. Santiago/Getty Images)
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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