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Daniel Penny Acquitted in NYC Subway Chokehold Case

Marine veteran Daniel Penny has been acquitted in the NYC subway chokehold case involving Jordan Neely’s death, a case that brought issues like public safety, mental health, and vigilantism to the forefront. The jury dismissed a manslaughter charge and found Penny not guilty of criminally negligent homicide.

Daniel Penny (center) arrives at criminal court, Dec. 9, 2024, in New York. | Stefan Jeremiah/AP

Jury Verdict and Acquittal

Daniel Penny, a 26-year-old Marine veteran, was acquitted by a Manhattan jury of criminally negligent homicide in the death of Jordan Neely. Earlier, the jury deadlocked on a more serious manslaughter charge, which was dismissed. Both charges carried potential prison time.


2. Incident Details

The incident occurred on May 1, 2023, when Penny placed Jordan Neely in a chokehold for six minutes on a New York subway train. Witnesses described Neely as agitated and making alarming statements but unarmed. Penny claimed his actions were intended to protect other passengers, though prosecutors argued his response was excessive.


3. Background on Jordan Neely

Jordan Neely, a 30-year-old subway performer, had a history of mental illness and homelessness. Known for Michael Jackson impersonations, his life was marred by personal tragedies, including his mother’s murder. Neely struggled with schizophrenia and substance use, factors highlighted during the trial.


4. Defense Arguments

Penny’s defense emphasized his intention to de-escalate a perceived threat, describing the chokehold as a Marine-taught restraint. A defense pathologist contested the medical examiner’s conclusion that the chokehold caused Neely’s death, citing factors like drug use and existing health conditions.


5. Public Reaction and Broader Implications

The case sparked national debate over race, public safety, and mental health. Penny, a white man, was portrayed as a hero by some conservative voices, while Neely’s death, as a Black man experiencing homelessness, drew attention to systemic issues. The case became a flashpoint for differing political and social perspectives.

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