Getty ImagesA 26-year-old man has been acquitted of homicide for putting an unarmed homeless man in a fatal chokehold, a case that sparked weeks of protests and reignited debates over public safety, mental illness and race.
Jurors deliberated for five days before declaring Daniel Penny not guilty beyond a reasonable doubt in the death of 30-year-old Jordan Neely on a New York City subway train on 1 May 2023.
The verdict comes after prosecutors agreed to drop a more serious charge of second-degree manslaughter on Friday, as jurors could not reach an agreement.
The move allowed the jurors to move on to consider the second lesser charge of criminally negligent homicide.
The verdict, announced on Monday, was met with loud applause in the Manhattan court. Mr Penny – who served four years in the Marines before studying architecture – appeared to smile while his attorneys hugged.
“We couldn’t be more pleased that a jury of Danny’s peers acquitted him of any wrongdoing,” his lawyers said in a statement afterwards.
“New Yorkers can take some comfort in knowing that we can continue to stand up for one another without sacrificing our rights or our freedoms.”
Mr Neely’s father, Andre Zachery, was removed from court for shouting after the verdict. Chants of “no justice, no peace” could be heard echoing outside.
“It hurts. It really, really hurts,” Mr Zachery said outside court. “What’s gonna happen to us now? I’ve had enough of this.”
Mr Neely’s death sparked protests across the city and reignited debates over public transportation safety and how the city cares for those struggling with mental health issues and homelessness. Some also highlighted the issue of race – Mr Neely was black; Mr Penny is white.
NY Daily News Archive via Getty Images“Jordan Neely was murdered,” New York congresswoman Alexandria Ocasio-Cortez, a left-wing Democrat, wrote on X at the time of his death, adding, “he was houseless and crying for food in a time when the city is raising rents and stripping services”.
But many conservatives defended Mr Penny’s actions, saying he had stepped in to keep the public safe.
On Monday, following the verdict, Vice-President-elect JD Vance wrote on X that “it was a scandal Penny was ever prosecuted in the first place”.
“Thank God justice was done in this case,” he said.
Last spring, witnesses said that Mr Neely – who suffered from severe mental illnesses – began shouting at other subway passengers, asking for money and screaming that he was hungry and wanted to go back to jail.
One woman on the train said that Mr Neely made lunging movements that scared her enough to shield her young child from him.
Prosecutors said Mr Penny placed Mr Neely in a chokehold for six minutes, compressing his neck even after he stopped moving.
They argued that Mr Penny had acted “recklessly” by restraining Mr Neely for several minutes even after he lost consciousness.
“He’s dying,” said an unseen bystander in one passenger’s video. “Let him go!”
Mr Penny’s legal team argued that he only stepped in after Mr Neely began threatening passengers. They also cited testimony from a forensic pathologist who said Mr Neely could have died from other contributing factors.
A medical examiner ruled Mr Neely’s cause of death as compression to the neck.
Mr Neely was a Michael Jackson impersonator who performed in Times Square. He had dozens of previous arrests on charges such as evading fares, theft and assaults on three women.
Family members say his mental health issues began more than 15 years earlier, when his mother was strangled to death and stuffed in a suitcase by her boyfriend.
In a statement released on Monday afternoon, Neely family attorney Donte Mills said they were “devastated”.
“Everyone matters. Even if you’re homeless, have mental health issues, have an addiction – you matter,” Mr Mills said.
“This verdict says otherwise. Daniel Penny got away with murder.”
The manslaughter charge against Mr Penny would have carried a 15-year maximum sentence, while the negligent homicide charge carries a four-year-maximum.
