In a high-profile case that has captivated national attention, former Marine Daniel Penny was acquitted of criminally negligent homicide in the death of Jordan Neely, a 30-year-old homeless man, following a subway altercation in May 2023. The jury’s decision came after extensive deliberations over five days.
The incident occurred on a Manhattan subway train, where Neely, known for his Michael Jackson impersonations, was reportedly acting erratically and making threats. Penny intervened by placing Neely in a chokehold, which led to Neely’s death. The medical examiner ruled the death a homicide caused by neck compression.
Initially, Penny faced charges of second-degree manslaughter and criminally negligent homicide. However, the manslaughter charge was dismissed after the jury reached an impasse. Deliberations then focused solely on the lesser charge, culminating in Penny’s acquittal.
The defense argued that Penny acted to protect fellow passengers from a perceived threat, emphasizing his intent to restrain, not harm, Neely. Conversely, prosecutors contended that Penny’s actions were reckless and disproportionate.
This case has ignited discussions on mental health, public safety, and the appropriate use of force. Advocates for Neely highlighted systemic failures in addressing mental illness and homelessness, while supporters of Penny viewed his actions as a defense of public safety.
Following the verdict, Penny expressed relief and reiterated his commitment to community safety. Neely’s family, however, voiced profound disappointment, calling for reforms to prevent similar tragedies.
The outcome underscores the complexities of such cases, balancing individual actions against broader societal issues. It also reflects the challenges in adjudicating incidents where public safety and individual rights intersect.
Jury entering!
Clerk: How do you find on Daniel Penny on Count 2?
Foreperson: Not guilty.
From Penny said, applause
Judge: Be quiet.
From Neely side: … gonna be killed..
Judge: Out.
From Nelly side: It’s a small world, buddy.. It’s a racist country!— Inner City Press (@innercitypress) December 9, 2024