Ex-Marine Daniel Penny found not guilty in chokehold death of homeless man
Former U.S. Marine Daniel Penny was acquitted of choking a homeless man in a case that sparked weeks of protests and renewed questions about race, mental illness and public safety controversy.
The jury deliberated for five days and ultimately acquitted Mr. Penny beyond a reasonable doubt in the death of 30-year-old Jordan Neely on a New York City train on May 1, 2023.
The verdict came after prosecutors agreed on Friday to drop a more serious charge of second-degree manslaughter after the jury failed to reach consensus.
The move allows jurors to move on to considering a second, lesser charge of criminally negligent homicide.
The verdict, announced Monday, was met with loud applause in a Manhattan courtroom. Mr Penney appeared to smile as his lawyers hugged him.
“We are extremely pleased that a jury of Danny’s peers acquitted him of any wrongdoing,” Mr. Penny’s attorneys said in a statement late Monday. “New Yorkers can take some comfort in knowing that we can Continue to support each other without sacrificing our rights or freedoms.”
Neely’s father, Andre Zachery, was removed from the courtroom for yelling after the verdict. The slogan “No justice, no peace” echoed outside.
“It’s painful. It’s really, really painful,” Zachery said in front of the court after the verdict. “What’s going to happen to us now? I’ve had enough.”
Mr. Neely’s death sparked protests across the city and reignited debates about safety on public transportation and how the city cares for residents struggling with mental health issues and homelessness.
“Jordan Neely was murdered,” Rep. Alexandria Ocasio-Cortez, a progressive Democrat from New York, wrote on X after his death, adding, “In this When the city raised rents and took away services, he was left homeless and crying for food.”
But some conservatives, including Florida Gov. Ron DeSantis, praised Mr. Penney’s actions, saying he stepped in to ensure public safety.
“We stand with good Samaritans like Daniel Penney,” he said in May.
“It was a scandal that Penny was prosecuted in the first place,” Vice President-elect J.D. Vance wrote on X after the verdict was announced on Monday.
“Thank God, justice was served in this case,” he said.
Last spring, witnesses said Neely, who suffered from severe mental illness, began yelling at other subway riders, demanding money and screaming that he was hungry and wanted to go to jail again.
Prosecutors said Penny choked Neely for six minutes and continued to compress his neck even after he stopped moving. They said the former Marine acted “recklessly” by restraining Neely for several minutes even after he lost consciousness.
Mr Penney’s legal team argued that Mr Penney intervened after Mr Neely began screaming and threatening passengers. They also cited testimony from a forensic pathologist who said Mr Neely may have died from other factors.
The medical examiner ruled that Mr Neely’s death was caused by neck compression.
Mr. Neely was a Michael Jackson impersonator who performed in Times Square and became well known throughout the city.
He had been arrested dozens of times before on charges including fare evasion, theft and assaulting three women.
Family members say his mental health problems began 15 years ago, when his mother was strangled to death by her boyfriend.
The manslaughter charge against Mr Penney carries a maximum penalty of 15 years in prison, while the manslaughter charge carries a maximum penalty of four years.
