Daniel Penny was acquitted of Jordan Neely’s death in 2023, which prosecutors claimed at trial was the result of Penny going too far in restraining Neely on a New York City subway. The verdict Friday followed the dismissal of a more serious manslaughter charge, where jurors said they could not agree and prosecutors moved to dismiss so the jury could consider the lesser charge.
Penny’s attorneys sought a mistrial Friday rather than dismiss the top charge, but the outcome leaves him free of all charges after the jury ruled the prosecution failed to prove beyond a reasonable doubt that he was guilty of murder by negligence.
Penny had pleaded not guilty in the case that spotlighted issues of race, public safety, mental health and vigilantism in the city. The manslaughter count alleged that Penny, a white Marine veteran in her mid-20s, recklessly caused the death of Neely, a 30-year-old homeless black man, while the second charge alleged that Penny caused Neely’s death through criminal negligence.
The New York Times reported the facts of the case:
Mr. Neely boarded the train and began screaming, throwing his jacket on the ground and walking around the car, witnesses said. As he approached other riders, he shouted that he was hungry, that he wanted to go back to prison and that he didn’t care if he lived or died, they said. According to witnesses and Mr. Penny himself, Mr. Penny intervened. He approached Mr Neely from behind and put him in a chokehold, causing the other man to fall to the ground. As they struggled, the train stopped at the Broadway-Lafayette Street station and allowed passengers to exit the car. But according to the video taken by bystanders, Mr. Penny wouldn’t let go.
As NBC News reported, “Penny and his attorneys have said he acted to protect other passengers and that he did not intend to harm Neely but only to restrain him until police arrived.”
Penny’s defense counsel argued that the chokehold did not kill Neely, claiming that Neely’s health problems and drug use led to his death. The state argued that even though Penny’s initial actions were commendable, he broke the law by detaining Neely after Neely no longer posed a threat. Penny didn’t realize Neely was also a person whose life needed protection, the prosecutor told the jury.
This is a development story. Check back for updates.
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This article was originally published on MSNBC.com
