Daniel Penny Acquitted in Jordan Neely Subway Chokehold Death

Created: JANUARY 25, 2025

A Manhattan jury found Daniel Penny not guilty of criminally negligent homicide in the death of Jordan Neely. The verdict followed the dismissal of the top charge, second-degree manslaughter, after jurors reported an impasse. Penny, a 26-year-old Marine veteran, had been charged in the death of Neely, a homeless man who was reportedly making threats on a subway train.

Daniel Penny, center, poses for a photo while gathered at a bar with his attorneys, Steven Raiser, left, and Thomas Kenniff after being acquitted of criminally negligent homicide

The courtroom reacted strongly to the verdict, with cheers from Penny's supporters and angry outbursts from Neely's family and Black Lives Matter activists. Manhattan District Attorney Alvin Bragg, while respecting the jury's decision, criticized the threats and harassment directed at his prosecutors during the trial.

daniel penny holds jordan neely in a chokehold on a subway car floor

Critics of Bragg, including Maud Maron, a candidate running against him, argued that the charges should never have been filed. The incident, which occurred on May 1, 2023, unfolded amid heightened concerns about subway safety following a series of violent incidents. Witnesses testified that Neely's behavior was alarming and that they were grateful for Penny's intervention.

Jordan Neely is pictured before going to see the Michael Jackson movie

Neely had a history of mental illness and criminal activity, and toxicology reports indicated he was under the influence of K2 at the time of the incident. Penny, in his police interview, referenced prior subway attacks as a factor in his actions. He was initially released without charges before being indicted by a grand jury.

Daniel Penny in brown suit leaving courthouse after acquittal

Following the verdict, Penny's legal team expressed their satisfaction with the jury's decision. The case has sparked significant public debate about subway safety, mental health, and the use of force in citizen interventions.

Daniel Penny arrives at court in New York City for the trial in the chokehold death of Jordan Neely on a New York City Subway car

Daniel Penny arrives at the Manhattan Criminal Courthouse building

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