Daniel Penny, a 26-year-old former Marine, was acquitted of criminally negligent homicide in the death of Jordan Neely by a jury on Monday. The jury reached its verdict after five days of deliberations. Neely's father, Andre Zachery, expressed his frustration outside the courthouse, saying, "It really, really hurts. I had enough of this. The system is rigged." No immediate comments were made by Penny's lawyers, who hurried to a waiting car after the verdict was announced.
The case focused on whether Penny acted with criminal negligence when he placed Neely in a chokehold on a New York City subway in May 2023. The jury had previously been deadlocked on a manslaughter charge, but after a request from prosecutors, Judge Maxwell Wiley dismissed the second-degree manslaughter charge on December 6. He instructed the jury to focus on the lesser charge of negligent homicide, which was a felony that could result in a lengthy prison sentence if Penny were convicted.
Prosecutors argued that Penny killed Neely by choking him for six minutes, with the city's medical examiner confirming that the chokehold caused Neely's death. However, Penny's defense contended that Neely's death was due to drug use and an existing medical condition, not the chokehold.
Penny's lawyers stated that the former Marine's actions were an attempt to protect subway passengers after Neely, who was reportedly acting erratically and yelling, boarded the train. Penny, who served in the Marine Corps for four years before pursuing an architecture degree, argued that he feared for the safety of those around him.
The case sparked strong protests, with groups both supporting Penny and condemning his actions. The trial highlighted divisions in American society, touching on sensitive issues such as race, politics, crime, mental illness, and homelessness. Neely, who was Black, and Penny, who is white, became symbols in the broader debate surrounding these topics. Throughout the trial, demonstrators outside the courthouse reflected these divisions.
High-profile Republican politicians praised Penny as a hero, while several prominent Democrats attended Neely's funeral to express their solidarity with his family. Jordan Neely, 30, was a subway performer with a tragic history. His mother was murdered and placed in a suitcase when he was a teenager. Neely often performed Michael Jackson's moonwalks on the subway to make a living. However, he struggled with depression and schizophrenia, resulting in multiple hospitalizations. Neely had previously told a doctor that he sometimes had to dig through the garbage for food, which led him to contemplate suicide.
In the months before his death, some subway riders reported that Neely had been acting aggressively, telling 911 operators he was hungry and thirsty. Despite these claims, Neely was unarmed and had nothing but a muffin in his pocket at the time of the incident. He did not make physical contact with any passengers before Penny intervened. Penny approached Neely from behind and took him to the floor, applying the chokehold.
While the exact cause of Neely's death remains a point of contention, Penny's actions were clearly central to the trial. The case has raised significant questions about the use of force, public safety, and the broader societal issues surrounding mental health and homelessness.
While Penny's acquittal has sparked anger and disappointment for some, others view the outcome as a reflection of self-defense and the complexities surrounding public interactions in cities like New York. As the case continues to divide opinions, the focus remains on how the justice system will address these complex issues moving forward.
