Daniel Penny Acquitted in Death of Homeless Man on New York Subway

A 26-year-old man has been cleared of a homicide charge in connection with the fatal chokehold of an unarmed homeless man, an incident that triggered weeks of demonstrations and revived discussions concerning public safety, mental health, and racial issues. Following five days of deliberation, jurors found Daniel Penny not guilty beyond a reasonable doubt regarding the death of Jordan Neely, aged 30, which occurred on a New York City subway train on 1 May 2023. This verdict followed the prosecution’s decision on Friday to withdraw a more severe charge of second-degree manslaughter, after jurors were unable to reach a consensus. This action enabled the jury to proceed with deliberations on the secondary, less severe charge of criminally negligent homicide. The ruling, delivered on Monday, was met with considerable applause within the Manhattan courthouse. Mr Penny, who had served four years in the Marines prior to studying architecture, was observed smiling as his legal counsel embraced. “We couldn’t be more pleased that a jury of Danny’s peers acquitted him of any wrongdoing,” his lawyers said in a statement afterwards. “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.” Andre Zachery, Mr Neely’s father, was escorted from the courtroom subsequent to the verdict due to shouting. Outside the building, cries of “no justice, no peace” resonated. “It hurts. It really, really hurts,” Mr Zachery said outside court. “What’s gonna happen to us now? I’ve had enough of this.” The passing of Mr Neely initiated demonstrations throughout the city and revived discussions regarding the safety of public transit and the municipality’s approach to individuals facing mental health challenges and homelessness. Additionally, some observers emphasized the racial aspect, noting Mr Neely was Black and Mr Penny is White. “Jordan Neely was murdered,” New York congresswoman Alexandria Ocasio-Cortez, a left-wing Democrat, wrote on X at the time of his death, adding, “he was houseless and crying for food in a time when the city is raising rents and stripping services”. Conversely, numerous conservatives defended Mr Penny’s conduct, asserting he intervened to ensure public safety. After the verdict on Monday, Vice-President-elect JD Vance posted on X that “it was a scandal Penny was ever prosecuted in the first place”. “Thank God justice was done in this case,” he said. In the previous spring, witnesses reported that Mr Neely, who experienced severe mental illnesses, started yelling at fellow subway passengers, requesting money and proclaiming he was hungry and wished to return to jail. A female passenger on the train recounted that Mr Neely made sudden, forward movements, which frightened her sufficiently to protect her young child from him. The prosecution stated that Mr Penny applied a chokehold to Mr Neely for six minutes, maintaining pressure on his neck even after he ceased movement. They contended that Mr Penny behaved “recklessly” by holding Mr Neely for several minutes subsequent to him losing consciousness. “He’s dying,” said an unseen bystander in one passenger’s video. “Let him go!” Mr Penny’s defense team asserted that he intervened solely after Mr Neely started threatening passengers. They further presented testimony from a forensic pathologist who indicated that Mr Neely’s death might have resulted from additional contributing factors. The medical examiner determined Mr Neely’s cause of death to be compression of the neck. Mr Neely was known as a Michael Jackson impersonator who performed in Times Square. His record included dozens of prior arrests for offenses including fare evasion, theft, and assaults against three women. According to family members, his mental health struggles commenced over 15 years prior, following his mother’s strangulation death and her body being placed in a suitcase by her boyfriend. Donte Mills, the Neely family attorney, stated in a release on Monday afternoon that they were “devastated”. “Everyone matters. Even if you’re homeless, have mental health issues, have an addiction – you matter,” Mr Mills said. “This verdict says otherwise. Daniel Penny got away with murder.” The manslaughter charge Mr Penny faced could have resulted in a maximum sentence of 15 years, whereas the negligent homicide charge carried a maximum of four years.