Jury Reaches Decision in Controversial Death Case

Daniel Penny, a former Marine, has been acquitted of all charges in the high-profile subway chokehold death of Jordan Neely, sparking intense debate about public safety and mental health in New York City.

At a Glance

Daniel Penny was found not guilty of criminally negligent homicide in Jordan Neely’s death.
The jury deadlocked on a more serious manslaughter charge, leading to its dismissal.
Penny’s defense argued he acted to protect fellow passengers from Neely’s erratic behavior.
The case has ignited discussions about mental health support and public safety in NYC.

Jury Reaches Verdict After Extended Deliberations

After nearly 20 hours of deliberation spanning four days, a Manhattan jury acquitted Daniel Penny of criminally negligent homicide in the death of Jordan Neely. The charge could have resulted in up to four years of imprisonment. The jury initially reached an impasse on a more serious manslaughter charge, but after receiving further instructions from Judge Maxwell Wiley, they continued discussions, ultimately leading to Penny’s full acquittal.

The incident, which occurred on May 1, 2023, during a struggle on a New York City subway, has been a lightning rod for public attention. It has fueled protests and demonstrations from both Penny’s and Neely’s supporters outside the courthouse throughout the trial proceedings.

Daniel Penny verdict live updates: Not guilty in Jordan Neely’s chokehold death https://t.co/KkGIykCU7c pic.twitter.com/yWT5aTzXBu

— New York Post (@nypost) December 9, 2024

Defense Arguments and Witness Testimonies

Penny’s defense team argued that he acted to protect fellow passengers from Neely, who was reportedly behaving erratically on the train. Witnesses described Neely’s threatening behavior, although no evidence showed he physically attacked anyone. Notably, Neely was not armed, and only a muffin was found in his pocket.

The trial included testimonies from over 40 witnesses, including passengers, police officers, and medical experts. Dr. Cynthia Harris, who ruled Neely’s death a homicide, testified about the chokehold’s impact. A defense-hired pathologist suggested Neely’s death was due to other health issues, but the medical examiner refuted this claim.

Controversial Aspects of the Case

Prosecutors claimed Penny’s actions became criminal when he continued the chokehold after Neely went limp. Video evidence showed Penny holding Neely for 51 seconds after he appeared to pass out. The medical examiner ruled Neely’s death was due to neck compression from the chokehold.

The case highlighted issues with the city’s mental health system, as Neely was a known mentally ill individual. He had synthetic marijuana (K2) in his system and was diagnosed with schizophrenia. This tragic incident has sparked a national debate on mental health, public safety, and the adequacy of the city’s support systems for the mentally ill.

Reactions and Aftermath

The courtroom had mixed reactions to the verdict, with some cheering and others expressing anger. Penny’s lawyers, Thomas A. Kenniff and Steven Raiser, celebrated the verdict with their client. In contrast, Neely’s father, Andre Zachery, reacted angrily and was asked to leave the courtroom.

The case continues to divide public opinion, with prominent figures and politicians split in their support or criticism of Penny. Neely’s father has filed a civil lawsuit against Penny for negligent conduct, assault, and battery, ensuring that the legal and social ramifications of this case will continue to unfold in the coming months.