Ex-Marine Daniel Penny Acquitted in Subway Chokehold Death

Former U.S. Marine Daniel Penny was found not guilty of criminally negligent homicide in connection with the death of a homeless man, Jordan Neely, whom he placed in a fatal chokehold.

After five days of deliberations, the jury cleared Penny of any wrongdoing beyond a reasonable doubt regarding Neely’s death on a New York City subway on May 1, 2023. The decision followed the prosecution’s decision to drop a more serious charge of second-degree manslaughter, after the jury was unable to reach a consensus on that charge. This allowed them to proceed with considering the lesser charge of negligent homicide.

The verdict was met with applause in the Manhattan courtroom, with Penny appearing to smile and his attorneys embracing. However, tensions flared when Neely’s father was escorted out of the courtroom after shouting in response to the ruling. Outside the courtroom, protesters could be heard chanting “no justice, no peace,” and one individual remarked, “This is America. That is the sound of Black pain.”

Neely’s death sparked protests in New York City and renewed discussions on public transit safety, as well as how the city addresses mental health and homelessness.

Prosecutors contended that Penny acted recklessly by holding Neely in the chokehold for several minutes, even after Neely lost consciousness. On the other hand, Penny’s defense team argued that he was acting to protect passengers who were trapped in a subway car with Neely, who had been behaving erratically and yelling for money. They also presented testimony from a forensic pathologist suggesting that other factors may have contributed to Neely’s death.

The medical examiner determined that Neely died from compression of the neck. Witnesses stated that Neely, who had a history of mental health issues, had been shouting at passengers, asking for money and expressing his hunger and desire to return to jail before the altercation began.

While the second-degree manslaughter charge carried a potential 15-year prison sentence, the negligent homicide charge had a maximum penalty of four years.
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