Daniel Penny Found Not Guilty in Death of Jordan Neely
Daniel Penny, a 26-year-old Marine veteran who was charged with criminally negligent homicide in the 2023 death of 30-year-old homeless man Jordan Neely on a New York City subway, was acquitted or "not guilty" on Monday. The verdict comes days after the jury dismissed the top charge, second-degree manslaughter, on Friday, telling the judge that they could not agree on it and settled on the lesser charge of criminally negligent homicide, MSNBC reports. Had Penny been convicted of the top charge, he would have been sentenced up to 15 years in prison.
On May 1, 2023, Neely had hopped onboard an F train in Manhattan, telling passengers that he was hungry, thirsty and that he needed a job. He also said he wanted to return to jail and was not afraid to die. According to Fox News, Neely also shouted death threats at the passengers, which, in turn, prompted Penny to respond by approaching Neely and placing him in a chokehold to restrain him from further action.
Prosecutors argued that Penny's chokehold of Neely resulted in his death, even after he was no longer a threat. However, the defense counsel argued that Neely's health issues and drug use contributed to his death. At the time of the incident, Neely had been high on a type of synthetic marijuana known as K2 and was diagnosed with schizophrenia.
Neely also had a long criminal record, an active arrest warrant, and a history of psychosis. He also had the sickle cell trait genetic disorder.
According to the jury, Penny was acquitted because prosecutors were unable to prove that he was guilty of negligent homicide.
"The jury has now spoken," Manhattan District Attorney Alvin Bragg said in a statement. "At the Manhattan D.A.'s Office, we deeply respect the jury process, and we respect their verdict."
He also noted that prosecutors and their family members "were besieged with hate and threats — on social media, by phone and over email."
"Simply put, this is unacceptable, and everyone, no matter your opinion on this case, should condemn it," Bragg said.
Photo Credit: ©Facebook/MSNBC
Originally published December 09, 2024.
