Daniel Penny faced charges for the death of a man who threatened fellow passengers.
A Manhattan jury acquitted Daniel Penny, a former U.S. Marine, of criminally negligent homicide. Penny had restrained Jordan Neely, a mentally ill homeless man, on a New York City subway car in May 2023 after Neely threatened passengers. Prosecutors alleged the act was racially motivated.
The incident occurred when Neely, aboard a train, shouted threats including “someone is going to die today.” Penny and two companions restrained Neely, calling for police and emergency medical services. Neely subsequently died at a hospital, leading to Penny’s arrest.
The jury delivered its not-guilty verdict on Monday. Judge Maxwell Wiley had previously dismissed the more serious charge of second-degree manslaughter due to a hung jury on Friday.
“Who do you want on the next train ride with you?” defense attorney Steven Raiser asked during closing arguments. “The person with earbuds minding their own business, who you know would help if needed? Or someone like Jordan Neely, making others fear for their safety?”
“Tragically, even if the defendant initially acted with good intentions, he continued the chokehold despite knowing Neely was in distress and dying,” prosecutor Dafna Yoran countered in her closing statement.
Yoran and her team repeatedly referred to Penny as “the white man,” highlighting a racial aspect to the case. The two Black individuals assisting Penny were not charged.
The case sparked intense debate nationwide, with some viewing Penny as a racist murderer and Neely as a victim of societal neglect, while others hailed Penny as a hero.
Mayor Eric Adams stated earlier this month that Penny’s actions exemplified “what we should have done as a city” to protect others.
The trial included testimony from over 40 witnesses, encompassing passengers and medical experts. The city’s medical examiner, Dr. Cynthia Harris, attributed Neely’s death to Penny’s chokehold, based on a witness’s six-minute video recording.
The defense’s medical expert, Dr. Satish Chundru, argued that Neely died due to “combined effects of sickle cell crisis, schizophrenia, the struggle and restraint, and synthetic marijuana.” A toxicology report confirmed the presence of K2 in Neely’s system.
In a post-incident statement to police, Penny said he was “not trying to kill the guy,” but “just trying to keep him from hurting anybody else.”
Police records indicated Neely had a history as an “emotionally disturbed person,” with over two dozen prior detentions or arrests, yet he had never received mandatory mental health treatment.