A Manhattan jury has found Daniel Penny, a 26-year-old former Marine, not guilty of criminally negligent homicide in the death of Jordan Neely, a 30-year-old homeless man who died after Penny placed him in a chokehold on a New York City subway train in May 2023124.
The jury delivered its verdict on Monday, December 9, 2024, after five days of deliberations1. The decision came after the more serious charge of second-degree manslaughter was dismissed by Judge Maxwell Wiley on Friday when the jury indicated they were deadlocked on that count24.
On May 1, 2023, Jordan Neely boarded an F train in Manhattan and reportedly began shouting and behaving erratically3. Witnesses described Neely as expressing hunger, thirst, and indifference toward life or death1. In response, Daniel Penny approached Neely from behind and placed him in a chokehold3.
The chokehold lasted for several minutes, with prosecutors alleging it continued for six minutes, including at least 51 seconds after Neely’s body went limp9. Neely was later pronounced dead at Lenox Hill Hospital3.
The trial, which began on November 1, 2024, featured testimony from more than 35 witnesses, including subway passengers, police officers, medical experts, and character witnesses for Penny12.
Prosecution’s Arguments
- Prosecutors argued that Penny used excessive force, maintaining the chokehold for too long4.
- They contended that any need to protect passengers diminished when the train doors opened at the next station4.
Defense’s Position
- Penny’s lawyers argued that he was attempting to protect fellow commuters from Neely’s erratic behavior6.
- The defense challenged the cause of death, suggesting it resulted from a combination of factors including drug use and pre-existing conditions46.
The case has sparked intense debate about public safety, mental health, and the use of force in New York City8. It has also raised questions about race relations and social services in the United States6.
Neely’s death and the subsequent trial have divided public opinion:
- Some view Penny as acting in self-defense and protecting others6.
- Critics argue the case exemplifies excessive force against a vulnerable individual6.
While Penny has been acquitted of criminal charges, he still faces a civil lawsuit filed by Jordan Neely’s father on December 5, 2024, alleging negligence, assault, and battery6.The verdict marks the conclusion of a high-profile case that has captured national attention and reignited discussions about crime, vigilantism, and mental health support in urban environments10.
