A Marine veteran, Daniel Penny, was found not guilty on Monday of criminally negligent homicide in connection with the death of Jordan Neely, an incident that ignited conversations around public safety, vigilantism, and the complexities of urban life. The jury’s decision emerged after deliberations began the previous Tuesday. A more serious manslaughter charge against Penny was previously dismissed due to a hung jury. Upon hearing the verdict, a brief smile crossed Penny’s face, and later, he expressed feeling “great” as he celebrated with his legal team.
The courtroom was filled with mixed reactions, with emotional responses coming from Neely’s family, which led to their removal from the space. Neely’s father, Andre Zachery, voiced his anguish outside the courthouse, claiming the justice system had failed them. This case highlighted various societal issues, such as race, mental health, and urban safety, particularly as Neely was Black and Penny is white. Protests supporting both sides occurred outside the courthouse, with some viewing Penny as a hero while others, including notable Democrats, paid respects to Neely.
Penny’s defense asserted that he acted out of self-defense and concern for other subway riders when he subdued Neely, who was exhibiting erratic behavior likely stemming from mental health challenges. Thomas Kenniff, one of Penny’s attorneys, remarked that Penny had finally received the justice he deserved. Meanwhile, Manhattan District Attorney Alvin Bragg expressed respect for the jury’s ruling, emphasizing that prosecutors adhered to the evidence throughout the case.
The jury, having completed their deliberations on the case, was escorted out quietly. Penny, 26, is a Marine Corps veteran with a background in architecture, while Neely, 30, was known as a subway performer with a tragic personal history marked by the murder of his mother during his teenage years. Neely struggled with serious mental health issues, including depression and schizophrenia, particularly exacerbated after his mother’s death, which left a profound impact on him.
On May 1, 2023, an agitated Neely boarded a subway train and made a series of alarming statements about his distressing circumstances. Witnesses reported that Neely, who was unarmed and only had a muffin in his pocket, seemed to make gestures that frightened some passengers. Penny intervened by deploying a chokehold from behind Neely, ultimately leading to Neely’s death. Video footage from the encounter captured moments where bystanders expressed concern, urging Penny to release Neely.
Penny claimed that he was attempting to de-escalate the situation and that his hold on Neely was in response to perceived threats. He maintained that he was not trying to harm Neely, but rather to prevent him from causing injury to others. However, a Marine Corps instructor testified that Penny’s application of the chokehold was inappropriate. Prosecutors argued that the level of force used was excessive, especially since the threat diminished once the subway doors opened at the next station, shortly after Penny intervened.
While Penny acknowledged using a chokehold, his legal team depicted it as a modification of a technique taught in the Marines rather than a deadly move. A pathologist brought in by the defense contended that Neely’s death resulted from multiple factors, including his mental health struggles and drug use, specifically K2, which was present in his system at the time. Family, friends, and fellow Marines portrayed Penny in a positive light during testimonies, emphasizing his patriotism and integrity.
In the end, the prosecution needed to prove that Penny’s actions were reckless to secure a manslaughter conviction, a burden that proved insurmountable after the jury’s decision. Following the trial, Neely’s father initiated a wrongful death lawsuit against Penny, further complicating an already charged situation.
