Daniel Penny, a 26-year-old former Marine, was acquitted Monday, of criminally negligent homicide in the death of Jordan Neely, a 30-year-old homeless man who died after being placed in a chokehold by Penny on a New York City subway car on May 1, 2023.
Neely had been acting erratically on the subway car, yelling in faces of fellow passengers, and threatening to kill women and children. Penny, who was a passenger on the train, approached Neely from behind and placed him in a chokehold, which lasted for approximately six minutes. Neely’s body went limp, and he was pronounced dead at a hospital.
Penny’s trial began in December 2024, with prosecutors arguing that he had reacted too forcefully to the situation and had shown indifference to Neely’s life. The defense argued that Penny had acted to protect himself and other passengers from Neely’s erratic behavior and that Neely’s death was caused by a combination of factors, including a genetic condition and the use of synthetic marijuana.
After deliberating for over 24 hours, the jury returned a verdict of not guilty Monday, on the charge of criminally negligent homicide. A more serious charge of second-degree manslaughter was controversially dismissed by the judge on Friday due to a deadlocked jury.
Penny's side of the courtroom erupted in cheers after the jury returned the not guilty verdict, prompting an angry response from Neely's side, including his father, Andre Zachary, who was escorted out of the courthouse along with several Black Lives Matter(BLM) leaders after allegedly snapping.
Someone clapped, and Zachary turned and glared, "Are you trying to fucking get killed?" Speaking outside the court later, he expressed his disappointment and anger at the verdict, stating that the system is “rigged.”
Hawk Newsome, a far-left leader of BLM's New York chapter, commented that "It's a small world." He also appeared to threaten violence against white people, with black vigilantes.
Discredited far-left Manhattan District Attorney Alvin Bragg, whose office secured charges against Penny with a grand jury indictment after police had questioned and released him in connection with the incident, said he would respect the jury's decision. He condemned "unacceptable" behavior that he said had targeted his prosecutors.
Neely’s family has filed a civil lawsuit against Penny, alleging that he caused Neely’s death through negligence, carelessness, and recklessness. The lawsuit seeks unspecified damages for physical assault and battery.
While some far-left activists online condemned Monday's jury verdict as a result of "systemic racism," majority of the reactions praised the jurors and slammed Bragg for securing charges against Neely in the first place. Others pointed out that some of the black passengers on the train have since thanked Penny for his heroic act.
Critics argued the 26-year-old is an American hero and a good Samaritan who stepped up to defend women and children in the train. Many slammed Bragg for releasing violent criminals like Neely back in the streets, while prosecuting outstanding citizens like Penny who try to defend the vulnerable.
