Daniel Penny, a 26-year-old former U.S. Marine, was found not guilty of criminally negligent homicide in the high-profile case surrounding the subway death of Jordan Neely. The trial, which captured national attention, revolved around Penny's actions on a New York City subway train in May 2023 and raised critical questions about mental health, public safety, and the boundaries of self-defence, as reported by CBS News.
Daniel Penny: A Marine Veteran and Architecture Student
Penny served in the U.S. Marine Corps from 2017 to 2021, earning praise from former platoon leaders who testified to his discipline and empathy. His martial arts instructor detailed the training he received in chokeholds, explaining that Marines are taught to release the hold after five seconds to avoid injury or death. However, the instructor admitted during cross-examination that real-world scenarios can make precise application difficult, according to CNN.
After leaving the military, Penny pursued a degree in architecture, attending New York City College of Technology while working as a swim instructor and restaurant server in Brooklyn. His mother, Gina, testified about his upbringing, describing him as honest, kind, and humble, traits she believed guided his actions on the subway that day.
READ MORE: BLM Leader Issues Chilling Warning After Daniel Penny Acquittal in Chokehold Death of Jordan Neely
The Subway Incident
On 1 May 2023, Jordan Neely, a 30-year-old homeless man, entered an F train in Manhattan, shouting threats and alarming passengers. Witnesses testified that Neely threw his jacket to the ground and declared he was hungry, thirsty, and willing to die. Penny, fearing for his safety and that of others, approached Neely from behind and restrained him in a chokehold.
Penny held Neely in the chokehold for several minutes. When Neely became unresponsive, Penny released him, but by then, Neely had sustained fatal injuries. The medical examiner determined the cause of death to be "compression of neck (chokehold)."
Bystander footage of the incident spread rapidly, sparking polarised reactions. Some hailed Penny as a protector, while others accused him of excessive and unnecessary force, as highlighted by CNN.
Who Was Jordan Neely?
Jordan Neely was a well-known subway performer who imitated Michael Jackson. He struggled with homelessness and severe mental illness following his mother's murder in 2007. Neely's erratic behaviour on the train was consistent with his history of untreated schizophrenia, substance abuse, and repeated arrests, according to CBS News.
Neely's death became a rallying point for activists and politicians who criticised systemic failures in addressing mental health crises. Figures like Rev. Al Sharpton and Rep. Alexandria Ocasio-Cortez highlighted his humanity, while others questioned how society allowed his downward spiral to continue unchecked.
The Trial and Verdict
Penny was initially charged with second-degree manslaughter, but the jury deadlocked on that charge. The case proceeded on a lesser charge of criminally negligent homicide, for which he was ultimately acquitted. Prosecutors argued Penny acted recklessly, holding Neely in the chokehold for far too long. They pointed to video evidence and testimony from witnesses who advised Penny to loosen his grip.
The defence countered that Penny acted in self-defence, responding to a credible threat. Penny himself stated in a video released shortly after the incident, "I was scared for myself, but I looked around and saw women and children. I couldn't just sit still and let him carry out these threats." Penny maintained that race was not a factor, emphasising that he saw a threatening individual, not a Black man.
Reactions to the Verdict
The jury's decision sparked mixed reactions. Neely's father expressed anguish, calling the system "rigged" and accusing it of failing his son. His family's attorney criticised the jury, arguing they let the family down by failing to hold Penny accountable, as detailed by CBS News.
Manhattan District Attorney Alvin Bragg acknowledged the jury's thorough deliberation, stating, "The jury has now spoken. At the Manhattan D.A.'s Office, we deeply respect the jury process and their verdict." Mayor Eric Adams connected the case to broader mental health issues, calling for systemic reforms to prevent future tragedies.
