Marine veteran Daniel Penny has been acquitted of all charges in the high-profile subway chokehold case that stemmed from the death of Jordan Neely, a 30-year-old homeless man, on a Manhattan subway train last year. The unanimous verdict, delivered by a New York jury, found Penny not guilty of criminally negligent homicide, just days after the judge dismissed the top charge of manslaughter when the jury declared it deadlocked.
The case revolved around an incident in May 2023, when Penny placed Neely in a chokehold on a crowded subway car after witnesses reported that Neely was behaving erratically and threatening passengers. Prosecutors argued that Penny’s six-minute chokehold went far beyond self-defense, leading to Neely’s death. The defense countered that Penny was protecting fellow passengers from a potentially violent threat.
Deliberations and Evidence
The jury deliberated for several days, carefully reviewing bystander video, police body cam footage, and Penny’s post-incident interview with investigators. They also revisited testimony from the Medical Examiner, who ruled Neely’s death a homicide caused by “compression of the neck.” The defense suggested that Neely’s underlying health issues and a history of substance abuse contributed to his death, rather than solely the actions of Penny.
Reaction to the Verdict
The verdict has sparked outrage from Neely’s family and supporters, who view the decision as a miscarriage of justice. Outside the courtroom, Neely’s father, Andre Zachery, joined other activists in condemning the ruling, while chants of “no justice, no peace” echoed from the gathered crowd. Donte Mills, an attorney for the Neely family, issued a call to action, urging reforms to protect vulnerable individuals and prevent similar tragedies in the future.
Prominent voices, including the mother of Eric Garner—another Black man who died in police custody due to a chokehold—also expressed anger at the outcome, emphasizing the need for systemic change in addressing racial and social disparities in the justice system.
Civil Suit Pending
As the criminal case concludes, a new legal battle looms. Neely’s family has filed a civil wrongful death lawsuit against Penny, seeking damages and accountability for what they claim was an unnecessary and excessive use of force. Penny’s attorneys have dismissed the lawsuit as a “distraction” and maintain that their client acted responsibly under the circumstances.
Broader Implications
The case has reignited national conversations about mental health, homelessness, and public safety in urban settings. Advocates for Neely emphasize the lack of resources for individuals struggling with mental health crises, while Penny’s supporters argue for the importance of self-defense in chaotic public environments.
The incident also highlights tensions surrounding perceptions of safety on public transportation and the broader implications of bystander intervention in high-stakes situations. The outcome of the civil case and its potential ramifications for public policy remain closely watched.
