Daniel Penny has been acquitted of criminally negligent homicide in connection with the death of Jordan Neely, a homeless man, after a jury delivered its verdict on Monday. The jury’s decision came after more than 24 hours of deliberation spread over five days.
The case stemmed from an incident in May 2023 when Penny, a 26-year-old former Marine, placed Neely in a chokehold for approximately six minutes on a subway car. Neely, who was known for impersonating Michael Jackson, was reported to be acting erratically during the encounter. Prosecutors argued that Penny’s prolonged chokehold, which continued for at least 51 seconds after Neely became unconscious, constituted criminally negligent behavior. The defense countered by asserting that Neely’s death was due to a pre-existing health condition and the presence of synthetic marijuana in his system.
Initially, the jury had been deadlocked on a more serious charge of second-degree manslaughter, which prompted the judge, Maxwell Wiley, to dismiss that charge and direct the jury to deliberate solely on the lesser charge. The absence of a minimum sentence for either charge meant that the jury’s findings would have significant implications for both sides.
The defense maintained that Penny was acting to protect other subway passengers from what they described as a “violent and desperate” individual. Penny’s attorney argued that he did not intend to harm Neely and that he was trying to restrain him for the safety of others.
Despite the jury’s eventual verdict, the courtroom atmosphere remained tense, marked by protests from both sides. Outside the courthouse, groups chanted competing messages, highlighting the continued division surrounding this case.
This verdict ultimately reflects the complex socio-legal issues at play, drawing significant public attention to matters of homelessness, public safety, and self-defense. Going forward, it opens discussions about how society balances the rights and safety of individuals in distress against the reactions of those who witness such incidents.
While the case has ended in an acquittal for Penny, it also underscores the importance of addressing the underlying issues surrounding homelessness and mental health, pointing towards a potential for positive change in public policy and community support systems in the future.