ACQUITTED: Daniel Penny Acquitted In Subway Chokehold Death of Jordan Neely

A Manhattan jury has determined that Daniel Penny bears no criminal responsibility for the death of Jordan Neely, who died after being placed in a chokehold on a crowded subway train.

The incident, captured on video, ignited intense debates about the city’s mental health crisis and safety in the subway system.

Penny has been acquitted of criminally negligent homicide, a charge that could have resulted in a sentence of up to four years in prison. The jury also rejected the manslaughter charge against Penny after deliberating twice and failing to reach a unanimous decision.

The jury sided with Penny’s legal team, who argued that the former Marine acted out of concern for the safety of his fellow passengers when he restrained Neely, a homeless man behaving erratically. The defense further questioned whether there was conclusive evidence that the chokehold was the direct cause of Neely’s death.

In his closing statement, Penny’s attorney, Steven Raiser, posed this question to the jury:
“The guy with the earbuds minding his own business who you know would be there for you if something happened? Or perhaps you just hope that someone like Jordan Neely does not enter that train when you are all alone, all alone in a crowd of others frozen with fear?”

The jury heard testimony from over 40 witnesses during the trial, including passengers who recounted Neely’s disturbing behavior before Penny subdued him at the Broadway-Lafayette station. One witness shared how terrified she felt as Neely shouted about being “willing to die and go to jail,” even thanking Penny for intervening. Another described Neely’s rant as “satanic,” while a mother on the train testified about shielding her 5-year-old son from Neely’s “belligerent and unhinged” behavior.

However, no witnesses testified that Neely physically attacked anyone or posed an imminent threat. Evidence presented during the trial also revealed that Neely was unarmed, with only a muffin found in his pocket.

The case became a flashpoint for discussions about the failures of the city’s mental health care system. Mayor Eric Adams acknowledged the systemic shortcomings, stating that Penny had acted in a way the city itself should have, by protecting others.

Prosecutors argued that Penny’s actions escalated into a crime when he maintained the chokehold even after Neely showed signs of distress and most passengers had fled the train.

“What’s so tragic about this case is that even though the defendant started out trying to do the right thing, as the chokehold progressed, the defendant knew that Jordan Neely was in great distress and dying, and he needlessly continued,” said prosecutor Dafna Yoran during closing arguments.

Jurors watched slow-motion footage of Penny restraining Neely, including a 51-second period after Neely appeared to go limp. The video showed witnesses pleading with Penny to release Neely, shouting, “Let him go!”

Dr. Cynthia Harris, who determined Neely’s death was a homicide caused by the chokehold, pointed out the exact moment on the video when Neely lost consciousness while Penny maintained his grip. Harris testified that she was confident in her conclusion, even if toxicology results later revealed Neely had enough drugs in his system “to put down an elephant.”

Toxicology reports indicated Neely had consumed K2, a synthetic marijuana. Additional evidence revealed that Neely had schizophrenia and had previously reported hearing “the devil’s voice” to doctors in 2021.

The defense presented testimony from Penny’s family, friends, and fellow Marines, who vouched for his character. Forensic pathologist Dr. Satish Chundru testified for the defense, asserting that Neely’s death resulted from a combination of factors, including his schizophrenia, synthetic marijuana use, and a possible sickle cell crisis, rather than the chokehold alone.

Although Penny did not testify during the trial, jurors heard statements he made to police shortly after the incident. On the subway platform, Penny reportedly told officers, “I just put him out,” while mimicking a choking motion. Later, at the precinct, Penny explained he had been trying to “de-escalate the situation” and prevent Neely from harming others.
“I’m not trying to kill the guy,” Penny told detectives. “I’m just trying to keep him from hurting anybody else.”

The case sparked national debate, with some defending Penny’s actions as heroic and others criticizing the incident as a failure of the city’s mental health infrastructure. The NYPD had classified Neely as an “emotionally disturbed person” in over two dozen encounters prior to the fatal confrontation.

“This case is about a broken system, a broken system that does not help our mentally ill or our unhoused,” Raiser stated in his closing remarks. “In fact, it is that broken system that led us, that is interwoven into the very fabric of this case.”

{Matzav.com}