Daniel Penny has been acquitted of charges related to the chokehold death of Jordan Neely, a homeless man, as announced by a jury on Monday. After deliberating for over 24 hours over five days, the jury found Penny not guilty of criminally negligent homicide.
Initially, the jury faced a deadlock concerning a more serious manslaughter charge, which led Judge Maxwell Wiley to dismiss that count and focus the jury’s attention on the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years.
Prosecutors contended that Penny, 26, applied a chokehold to Neely for six minutes on a subway car in May 2023, maintaining the hold even after Neely’s body went limp. They argued Penny recognized the potential lethality of his actions but failed to act to save Neely. The medical examiner’s findings confirmed that Neely’s death resulted from the chokehold.
Defensively, Penny’s legal team argued that Neely, who had a history of erratic behavior and substance use, presented a threat to other subway passengers, justifying Penny’s restraint of him in the moment. They claimed Neely’s death could have stemmed from a pre-existing genetic condition rather than from the chokehold itself.
Throughout the trial, tensions grew, with crowds outside the courthouse displaying diverging opinions on the case. While some rallied for justice in Neely’s name, Penny was confronted by opposing sentiments, illustrating the emotional gravity surrounding the case.
In response to defense requests for a mistrial based on the dismissal of the manslaughter charge, Judge Wiley denied the motion, emphasizing the jury’s independence and reiterating their obligation to focus solely on the remaining charge.
This verdict can be interpreted in numerous ways, reflecting broader societal issues tied to mental health, public safety, and the justice system. While the outcome notably relieves Penny, it does raise substantial questions about how communities manage public safety and the treatment of vulnerable populations.
Despite the controversy and tension surrounding the verdict, one hopeful perspective is the potential for increased dialogue about how society can provide support for individuals like Neely. This incident underscores the importance of addressing mental health and homelessness within urban settings, encouraging community engagement and policy discussions to foster safer environments for all citizens.