Daniel Penny was acquitted in the 2023 death of Jordan Neely, which prosecutors argued at trial was the result of Penny going too far in restraining Neely on a New York City subway. The verdict followed Friday’s dismissal of a more serious manslaughter charge, which jurors said they couldn’t agree on and prosecutors moved to dismiss so the jury could consider the lesser charge.
Penny’s lawyers wanted a mistrial on Friday instead of dismissing the top count, but this result leaves him clear of all charges after the jury found the prosecution failed to prove beyond a reasonable doubt that he was guilty of criminally negligent homicide.
Penny had pleaded not guilty in the case that spotlighted issues of race, public safety, mental health and vigilantism in the city. The manslaughter count alleged that Penny, a white Marine veteran in his mid-20s, recklessly caused the death of Neely, a 30-year-old homeless Black man, while the second charge alleged Penny caused Neely’s death with criminal negligence.
The New York Times recounted the facts of the case:
Mr. Neely boarded the train and began yelling, throwing his jacket on the floor and striding through the car, according to witnesses. As he approached other riders, he screamed that he was hungry, that he wanted to return to jail and that he did not care if he lived or died, they said. Mr. Penny stepped in, according to witnesses and Mr. Penny himself. He approached Mr. Neely from behind and put him in a chokehold, taking the other man to the floor. As they struggled, the train stopped at Broadway-Lafayette Street station and allowed passengers to leave the car. But, according to video taken by bystanders, Mr. Penny did not let go.
As NBC News reported, “Penny and his attorneys have said that he acted to protect other passengers and that he did not intend to harm Neely, only to restrain him until police arrived.”
Penny’s defense counsel argued that the chokehold didn’t kill Neely, claiming Neely’s health issues and drug use led to his death. The state argued that, even if Penny’s initial actions were laudable, he broke the law by continuing to hold Neely after Neely was no longer a threat. Penny didn’t realize that Neely was also a person whose life needed protecting, the prosecutor told the jury.
“The jury has now spoken,” Manhattan District Attorney Alvin Bragg said in a statement. “At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict.”
Bragg said prosecutors and their family members “were besieged with hate and threats — on social media, by phone and over email.”
“Simply put, this is unacceptable, and everyone, no matter your opinion on this case, should condemn it,” Bragg said.
NBC News could not immediately reach Penny’s lawyers for comment after the verdict.
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