On Monday, 26-year-old former Marine Daniel Penny was acquitted of criminally negligent homicide in the death of Jordan Neely on a New York City subway train.
The decision came after the jury spent five days in deliberation, ultimately unable to reach a unanimous decision on the more severe charge of manslaughter, leading to its dismissal by the judge.
The incident, captured on video by a bystander, occurred on May 1, 2023. Neely, a 30-year-old homeless man with a known history of mental illness, was described by witnesses as behaving erratically on the subway, loudly expressing despair about his hunger and thirst. Penny, who was on his way from class to the gym, intervened by applying a chokehold that prosecutors argued lasted nearly six minutes.
Penny’s defense maintained that he acted to protect other passengers, intending only to restrain Neely until police could arrive rather than to cause his death.
Prosecutors, led by Assistant District Attorney Dafna Yoran, argued that while Penny’s initial intent might have been laudable, the prolonged nature of the chokehold after Neely, who was not armed, no longer posed a threat was excessive.
The medical examiner’s testimony during the trial confirmed that Neely died from compression to his neck due to the chokehold, ruling out other potential causes like drug use or underlying health conditions as the primary cause of death.
The courtroom was tense as the verdict was read. Some in attendance applauded the not guilty verdict, while others, including Neely’s father, Andre Zachery, were escorted out amidst audible sobs and cries of anguish. Outside the courtroom, chants of “no justice, no peace” echoed.
