On Dec. 9, Daniel Penny was found not guilty of criminally negligent homicide in the chokehold death of Jordan Neely on a New York City subway car in 2023, CBS News reported.
Penny, a 26-year-old Marine veteran, had pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide. The manslaughter charge was dismissed after jurors informed the judge they could not reach a unanimous decision. The jury then deliberated only on the negligent homicide charge, ultimately acquitting Penny after more than 20 hours of deliberation.
“We couldn’t be more pleased that a jury of Danny’s peers acquitted him of any wrongdoing. And now New Yorkers can take some comfort in knowing that we can continue to stand up for one another without sacrificing our rights or our freedoms,” Penny’s lawyers said in a statement.
Jordan Neely’s father, Andre Zachery, was visibly upset at the verdict, swearing as he left the room, The New York Post reported. Zachery told reporters, “My son didn’t have to go through this. I didn’t have to go through this either. It hurts. It really, really hurts.”
The high-profile case sparked protests outside the courthouse, with demonstrators chanting, “Justice for Jordan Neely!”
The Neely family’s attorney, Donte Mills, urged the public to care for one another. “Our call to action is to take care of each other. We can’t rely on outside people. If we see someone asking for food, we have to take the responsibility to give it to them. If we see someone cold, to give them a coat. If we see someone going through something, to ask them if they’re OK,” Mills said at a press conference, adding, “That’s how we help each other, because we can’t rely on the system to do it for us”
Prominent voices like Rev. Al Sharpton criticized the verdict, saying it “sends a dangerous message that citizens can now take matters into their own hands, even if it leads to someone’s death.” Meanwhile, supporters of Penny, including Vice President-elect JD Vance, praised the jury’s decision and criticized Manhattan District Attorney Alvin Bragg for pursuing the case.
The incident occurred in May 2023 when Neely, a homeless street performer with a history of mental illness, boarded an F train and began shouting. Penny, attempting to restrain him, placed Neely in a chokehold. Video of the incident sparked national outrage and renewed debates about mental health, homelessness, and public safety in New York City.
Also in the public mix was Hawk Newsome, the controversial leader of New York’s Black Lives Matter chapter. Holding court outside Penny’s trial he accused the justice system of giving the Ku Klux Klan another victory, The New York Post reported. Newsome’s comments came after the judge dismissed the top charge of manslaughter against Penny, a former Marine, in the trial involving the death of Jordan Neely.
“Logically, if you pick a white supremacist jury specialist, and you pack a jury with white people, obviously you think race has a specific role in this case,” Newsome said. “And obviously, you are looking for that one white supremacist holdout.”
