Daniel Penny Acquitted in Subway Chokehold Death of Jordan Neely
By Janelle Griffith and Erik Ortiz
Daniel Penny was acquitted on Monday of criminally negligent homicide in the death of Jordan Neely, a 30-year-old homeless man with a history of mental illness. Neely’s final moments, captured on bystander video during a New York City subway incident, sparked protests and drew national attention.
The jury reached its decision on the fifth day of deliberations after previously deadlocking on the more severe manslaughter charge, which was subsequently dismissed. Penny, a 26-year-old former Marine, faced up to four years in prison if convicted.
The announcement of the verdict led to mixed reactions in the courtroom. Some observers applauded, while others sobbed or shouted in anger, including Neely’s father, Andre Zachery, who had to be escorted out. Outside the courtroom, chants of “No justice, no peace” echoed through Lower Manhattan.
The case polarized public opinion, highlighting issues of race and safety. Neely, a Black man, was acting erratically and shouting on the subway when Penny, a white man, placed him in a chokehold on May 1, 2023. Some viewed Penny’s actions as criminal, while others saw him as a protector of fellow passengers.
Manhattan District Attorney Alvin Bragg acknowledged the jury’s verdict in a statement, emphasizing the deliberative process. The jury, comprised of seven women and five men, spent days considering the manslaughter charge before moving to the lesser charge of criminally negligent homicide.
The Events Leading to Neely’s Death
Witnesses testified that Neely boarded the subway ranting about his hunger and thirst, expressing despair and saying he didn’t care if he lived or died. Penny restrained Neely in a chokehold that lasted nearly six minutes. A New York City medical examiner concluded that Neely died from compression to his neck caused by the chokehold.
Defense attorneys argued that Penny acted to protect passengers, intending only to subdue Neely until police arrived. They claimed Neely’s death resulted from factors including schizophrenia, synthetic marijuana, and physical struggle. However, the medical examiner dismissed these claims as improbable.
During the trial, prosecutors contended that Penny continued choking Neely even after he was no longer a threat, ignoring pleas from bystanders. Assistant prosecutor Dafna Yoran argued that Penny’s actions were reckless, stating, “You cannot kill someone because they are ranting and looking menacing.”
Reactions to the Verdict
Neely’s family expressed disappointment. His uncle, Christopher Neely, called the verdict a failure of justice, stating, “The jury gave up on us.” Family attorney Donte Mills urged for reflection, saying, “Jordan just wanted someone to acknowledge him.”
Prominent figures also weighed in. Some Democrats criticized the decision, with New York Rep. Alexandria Ocasio-Cortez calling Neely’s death a murder. Meanwhile, conservatives like Florida Gov. Ron DeSantis and Rep. Matt Gaetz supported Penny, helping raise over $3 million for his defense fund.
The case reignited debates about homelessness, mental health, and subway safety in New York City. Neely’s family has since filed a civil lawsuit against Penny, accusing him of negligence, assault, and battery.
As discussions about the case continue, the complexities of safety, accountability, and compassion remain at the forefront.
