A Manhattan jury has cleared Daniel Penny of criminal wrongdoing in the chokehold death of Jordan Neely on a crowded subway — a caught-on-video killing that sparked fierce debate over the city’s mental health system and crime underground.
The panelists acquitted Penny of criminally negligent homicide — which could have put him behind bars for up to four years — in Neely’s chokehold death aboard a crowded uptown F train in May 2023.
Manslaughter, the top charge against Penny, was tossed on Friday after jurors twice said they couldn’t reach a unanimous verdict.
Jurors sided with Penny’s defense attorneys, who had argued that the Marine veteran was justified in rushing to protect his fellow subway straphangers when he subdued the erratic homeless man. The lawyers had also questioned whether there was sufficient evidence that the chokehold caused Neely’s death.
“Who do you want on the next train ride with you?” one of his lawyers, Steven Raiser, in his closing statement in Manhattan Supreme Court.
“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 lawyers had also questioned whether there was sufficient evidence that the chokehold caused Neely’s death.
The acquittal comes after jurors heard from more than 40 witnesses, including passengers who described Neely’s terrifying outburst on the train before Penny approached him from behind and took him down at the Broadway-Lafayette station.
One straphanger testified she was “scared s–tless” hearing Neely ranting about being “willing to die and go to jail.” She later thanked Penny for stepping in to restrain Neely, who also raged that “someone is going to die today.”
Continued…
Approved ~ MJM
