Daniel Penny was acquitted for the chokehold death of Jordan Neely on the New York City subway

In 2023, a jury in New York City found 26-year-old Daniel Penny not guilty of strangling homeless man Jordan Neely for almost six minutes during a heated altercation on the train.

In Neely’s death, Penny was found not guilty by the jury of criminally negligent murder. An earlier impasse in the trials led the jury to drop a more serious manslaughter allegation. Both charges included the risk of jail time because they were felonies.

The not-guilty decision was given, and the courtroom erupted in both cheers and rage. According to CNN, after Neely’s father blurted out a loud tirade of profanity, the court escorted him out of the room.

Another went out crying and weeping.

When the verdict was given, Penny, who had been emotionless during the trial, grinned for a moment.

“Justice has prevailed,” said Republican New York City Councilwoman Joann Ariola, who welcomed the not-guilty judgment.

Ariola told the audience, “Daniel Penny is a hero, and I’m glad to see that a good man was not punished for doing the right thing and defending his fellow New Yorkers from a mentally ill criminal who fell between the cracks.”

In a statement to X, Democratic council member Robert Holden declared Daniel Penny’s acquittal. Justice has been served for a U.S. Marine who courageously defended fellow New Yorkers in a moment of danger.

This result emphasizes the necessity of concentrating on practical remedies, such as treating untreated mental illness, in order to stop tragedies like this one from occurring in the future.

City Councilman Yusef Salaam, one of the Central Park Five who were unfairly convicted, said the conviction was a damning indictment of institutional failures.

Salaam told reporters that his murder highlights the pressing and long-overdue need for a comprehensive change in the way we handle homelessness and mental health issues.

In an emotional statement, Neely’s father said outside of court that his son didn’t have to endure this.

That is painful. It aches a lot. People, what are we going to do? Now what are we going to do? This is plenty for me. It is a rigged system. Let’s take some action.

Beginning in October, the trial sought to determine whether Penny, a Marine Corps veteran and architecture student, was justified in using possibly lethal force on Neely on May 1, 2023.

According to witnesses, Neely, a street entertainer, entered the train car and yelled at the people inside that he had no food or water and didn’t care if he got arrested. Neely allegedly stated he was willing to kill, according to Penny and a few of his other travelers.

Prosecutors argued that although Penny’s first attempt to protect his fellow travelers was reasonable and even admirable, the student overreached himself and used deadly force without cause. They claimed that when several passengers got off the train, he kept strangling Neely, who stayed still for about a minute.

During closing arguments, Manhattan Assistant District Attorney Dafna Yoran reminded jurors that you simply cannot kill someone because they are insane, yelling, and threatening, regardless of what they are saying.

The defense, meanwhile, argued that Penny’s actions were justifiable due to the anticipated threat to train passengers.

During closing arguments, defense lawyer Steven Raiser said that Daniel Penny was the one who took action to defend them. Why? Because he had something special about himself that others did not have.

A pathologist called by the defense stated that Neely’s death might have been caused by a number of other reasons, including his use of synthetic marijuana, schizophrenia, and a genetic propensity to sickle cell disease.

The city’s medical examiner, Dr. Cynthia Harris, stated in court that Neely’s death was caused by compression of the neck and that no toxicological finding could alter my judgment.

A Marine Corps instructor also testified in court, detailing Penny’s practice with chokehold methods.

According to the defense, Penny tried to put Neely in a citizen hold so that the police could arrive.

Jurors watched video of Penny talking to police after the incident during the trial, during which he called Neely a crackhead who was going insane.

Penny told cops, “I’m not trying to kill the guy; I just wanted to keep him from getting to people.”

While bystanders expressed relief when Penny took Neely into custody, they also said that the Marine Corps veteran disregarded their requests to free the homeless guy.

His defense attorneys argued that their client’s comments to police sufficiently detailed the interaction, and Penny did not testify during the trial.

On Tuesday, December 2, jury deliberations got underway.

Days passed before the 12-member panel could make the required unanimous decision.

Penny’s most serious accusation, second-degree manslaughter, was dropped by the case’s judge on Friday, December 6, so that the panel may consider the lesser charge of criminally negligent murder.

A fresh trial with a new jury might have been the outcome of Penny’s defense’s petition for a mistrial, which was turned down in light of the ongoing deliberations.

Neely’s father filed a lawsuit against Penny on Wednesday, December 4, outside of the criminal trial, alleging that the student’s negligent contact, assault, and violence caused Neely’s injuries and death during the train choke.

A white man choked a Black man in the train for several minutes, sparking ongoing national discussions about safety, policing, and racism.

In a fairly similar situation, Minneapolis police killed a Black man named George Floyd by kneeling on his neck and back for minutes while a throng cried out for them to stop. This led to nationwide demonstrations.

The subway slaying controversy also impacted on more local issues in New York.

The city has had to deal with issues like subway crime, criticism of Mayor Eric Adams’ order to hospitalize homeless persons with mental illnesses against their will, and persistent, systemic failures to provide proper housing and care for those without homes.

Millions of dollars were gathered for Penny’s legal defense through the popular right-wing crowdfunding website GiveSendGo, and conservative politicians and media influencers praised Penny as a real Subway Superman—a regular person taking back the streets in a violent city run by Democrats.

Others viewed the murder as a case of white vigilantism and the inability of New York City to safeguard Neely and other vulnerable individuals. Neely struggled with drugs and mental health conditions like schizophrenia and despair while incarcerated and living in homeless shelters after his mother was killed in a violent incident.

The public attention surrounding the case has produced a narrative that devalues the life of a Black homeless man with mental health issues and promotes a mindset of dehumanizing New Yorkers who are most in need, according to Juamaane Williams, a public advocate for New York City, who previously told The Independent.

Immediately after Neely’s death, protesters leaped onto the subway rails in New York City. In homage to the landmark anti-lynching efforts of the Civil Rights movement, they reprised their protest throughout the proceedings by substituting placards that said, “A Man Was Lynched Here,” for subway advertisements.

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