Daniel Penny was acquitted of criminally negligent homicide in the high-profile case surrounding the death of Jordan Neely. A jury’s decision on Monday found Penny, a 26-year-old former Marine, not guilty following extensive deliberation. The incident occurred in May 2023 when Neely, a 30-year-old homeless individual, reportedly acted erratically aboard an uptown subway train, prompting Penny to place him in a chokehold that lasted several minutes.
The case has sparked nationwide discussions on critical issues such as homelessness, mental health, public safety, and racial dynamics. Jurors spent over 24 hours deliberating the case before reaching their conclusion.
Manhattan District Attorney Alvin Bragg expressed his gratitude to the jury for their commitment, noting the complexity of the case and the significance of their careful analysis of the evidence. He also highlighted the adversity faced by the prosecutors involved, who experienced threats and hostility during the trial.
The courtroom reacted with mixed emotions to the verdict, as some attendees celebrated while others expressed their grief and frustration. Neely’s father, Andre Zachery, was visibly upset, advocating for justice in a press conference subsequent to the announcement and emphasizing his lasting pain over his son’s death. He noted, “The system is rigged,” reflecting the sentiment of many supporters who rallied outside the courthouse, chanting for justice.
Zachery’s lawyer mentioned the possibility of pursuing justice through a civil lawsuit against Penny. Another advocate, Gwen Carr, the mother of Eric Garner—a man who died in a similar chokehold incident—criticized the verdict as indicative of ongoing systemic issues surrounding the treatment of marginalized individuals.
The deliberations had initially focused on a more severe charge of second-degree manslaughter, which the jury was unable to unanimously agree upon. The judge dismissed this charge, allowing them to consider the lesser charge of criminally negligent homicide. The prosecution argued that Penny’s actions were reckless, while the defense claimed he was acting to protect other subway passengers from a perceived threat.
Overall, this case underscores the complexities of legal decisions regarding public interactions and the challenges encountered by individuals experiencing mental health crises in urban settings. The continued advocacy for justice by Neely’s family and supporters reflects a broader desire for systemic change regarding how society addresses these critical issues.
While the outcome may have disappointed many, it also serves as a call to action for ongoing conversations about mental health services, community support for the homeless population, and how such encounters are handled by society as a whole. There remains hope that the issues raised by this case will not be overlooked and that paths toward preventive measures and compassion will be pursued.