A Manhattan jury has found Daniel Penny not guilty of criminally negligent homicide in the subway chokehold death of Jordan Neely, a case that ignited heated debates about public safety, mental health, and crime in New York City.
Penny, 26, faced two charges in Neely’s death: manslaughter and criminally negligent homicide. Last week, the manslaughter charge—the most serious—was dismissed after the jury twice said they could not reach a unanimous decision.
The charges stemmed from an incident aboard an uptown F train, where Penny restrained Neely, a 30-year-old homeless man, in a chokehold for approximately six minutes. The defense argued Penny acted in self-defense to protect himself and other passengers after Neely, described as erratic and mentally ill, made alarming statements about being willing to die and harm others.
Prosecutors argued Penny used excessive force and continued the chokehold long after Neely was subdued. The city medical examiner ruled that the chokehold was the sole cause of Neely’s death, but the defense presented conflicting testimony from their own medical expert, who pointed to other factors, including synthetic drug use and a preexisting blood condition.
Video evidence showed Penny maintaining the chokehold even after Neely went limp. Witnesses testified that some passengers urged Penny to release Neely, while others thanked him for stepping in. Neely, unarmed at the time of the incident, had a history of mental illness and homelessness.
Penny, who served in the Marines for four years and was studying architecture, did not testify in his own defense. However, jurors heard his statements to police, in which he said he was trying to “de-escalate” the situation and protect others.
The trial highlighted systemic failures in addressing mental illness and homelessness in New York City. Neely, once known for performing Michael Jackson impersonations on the subway, struggled with schizophrenia and had been hospitalized for mental health issues multiple times.
While Penny’s acquittal concludes the criminal case, a wrongful death lawsuit filed by Neely’s family remains ongoing.
