Ex-Marine Daniel Penny found not guilty in chokehold death of homeless man

Daniel Penny, a former US Marine, has been found not guilty of homicide for fatally choking a homeless man. This case led to weeks of protests and sparked renewed discussions about issues such as race, mental health, and the safety of the public.

After five days of discussion, the jurors found Mr. Penny not guilty of any crime regarding the death of 30-year-old Jordan Neely, which occurred on a New York City train on May 1, 2023.

The decision was made after the prosecutors decided to dismiss a more serious accusation of second-degree manslaughter on Friday, since the jury was unable to come to a consensus.

This decision enabled the jurors to proceed to evaluate the second, lesser accusation of criminally negligent homicide.

The decision, revealed on Monday, was greeted with enthusiastic applause in the Manhattan courtroom. Mr. Penny seemed to smile as his lawyers celebrated with a hug.

"We are extremely happy that a jury of Danny's equals found him not guilty," stated Mr. Penny's attorneys in a statement released on Monday. "Residents of New York can find reassurance in the fact that we can support each other while still upholding our rights and freedoms."

Mr. Neely's dad, Andre Zachery, was taken out of the courtroom for shouting after the decision was announced. Outside, people were chanting "no justice, no peace," which could be heard clearly.

"It’s painful. It’s truly painful," Mr. Zachery stated outside the courtroom following the verdict. "What will happen to us now? I can't take any more of this."

Mr. Neely's passing triggered demonstrations throughout the city and brought back discussions about the safety of public transportation, as well as how the city supports residents dealing with mental health challenges and homelessness.

"Jordan Neely was killed," said Representative Alexandria Ocasio-Cortez, a progressive Democrat from New York, on social media following his death. She highlighted that he was without a home and pleading for food during a period when the city is increasing rents and cutting services.

However, certain conservatives, such as Florida Governor Ron DeSantis, praised Mr. Penny's actions, claiming that he took action to protect the public.

"In May, he expressed support for Good Samaritans such as Daniel Penny."

On Monday, after the verdict was announced, Vice-president-elect JD Vance shared on X, "It's outrageous that Penny was prosecuted at all."

"I'm grateful that justice prevailed in this situation," he remarked.

Last spring, bystanders reported that Mr. Neely, who struggled with serious mental health issues, started yelling at fellow subway riders. He was asking for money and crying out that he was hungry and wanted to return to prison.

Prosecutors indicated that Mr. Penny held Mr. Neely in a chokehold for six minutes, applying pressure to his neck even after he had stopped moving. They contended that the former Marine acted "recklessly" by continuing to restrain Mr. Neely for several minutes after he had lost consciousness.

Mr. Penny's lawyers claimed that he intervened after Mr. Neely started shouting and threatening the people on the train. They also referenced evidence from a forensic pathologist who indicated that Mr. Neely's death might have been caused by various other factors.

A medical examiner determined that Mr. Neely died due to pressure on his neck.

Mr. Neely was a tribute artist for Michael Jackson, entertaining crowds in Times Square and gaining recognition all over the city.

He had been arrested multiple times before for offenses like skipping fares, stealing, and attacking three women.

Relatives have stated that he struggled with mental health problems that started over 15 years ago, following the tragic death of his mother, who was killed by her partner.

If Mr. Penny had been charged with manslaughter, he faced a maximum sentence of 15 years. However, the charge of negligent homicide comes with a maximum penalty of four years.