Daniel Penny acquitted in subway chokehold death of Jordan Neely
- Marine veteran Daniel Penny was acquitted of criminally negligent homicide in the May 2023 subway chokehold death of Jordan Neely. The incident, which sparked debates on public safety and mental health, saw Penny restrain Neely for six minutes, citing self-defense.
Marine veteran Daniel Penny was acquitted on Monday (December 9) in the 2023 subway chokehold death of Jordan Neely. A Manhattan jury found Penny not guilty of criminally negligent homicide, following a deadlock on a more serious manslaughter charge. Both charges carried the potential for prison time.
The incident, which occurred on May 1, 2023, sparked a nationwide debate over issues including public safety, mental health, race, and vigilantism.
The subway encounter
Neely, a 30-year-old homeless man with a history of mental illness, had boarded a Manhattan subway, making alarming remarks about hunger and despair. Witnesses described feeling threatened by his behavior, though Neely was unarmed and had not physically attacked anyone.
Penny, a 26-year-old Marine veteran, restrained Neely using a chokehold, which he held for approximately six minutes. Neely lost consciousness during the encounter and later died. Video evidence captured parts of the incident, with bystanders warning that Neely was in distress.
Key arguments in court
Penny’s defense argued that he acted to protect himself and other passengers from a perceived threat, citing his Marine Corps training in de-escalation tactics. The defense also claimed Neely’s death resulted from a combination of factors, including his mental health, drug use, and a blood condition, rather than the chokehold.
Prosecutors contended that Penny overreacted and failed to release Neely when the threat subsided, especially after the subway doors opened. A Marine combat instructor testified that Penny misused the chokehold technique taught in training.
Courtroom reactions
The verdict drew mixed reactions in the courtroom, with applause from some and anger from others. Neely’s father and supporters expressed frustration, with some being asked to leave after making remarks.
Neely’s troubled past
Jordan Neely had been a popular subway performer known for Michael Jackson impersonations but struggled with mental illness after his mother’s murder during his teenage years. Hospital records revealed he battled schizophrenia and substance abuse, often expressing feelings of worthlessness and despair.
Civil suit pending
While Penny was acquitted in the criminal case, Neely’s father has filed a wrongful death lawsuit against him, ensuring the legal battle is far from over.
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First Published:10 Dec 2024, 12:36 AM IST
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