Daniel Penny Acquitted in Connection with N.Y.C. Subway Death of Jordan Neely

Mar. 15, 2025

Daniel Penny, left, and Jordan Neely.Photo:Michael M. Santiago/Getty; Andrew Savulich/New York Daily News/Tribune News Service via Getty

Michael M. Santiago/Getty; Andrew Savulich/New York Daily News/Tribune News Service via Getty

Penny had also previously been charged with manslaughter, but Judge Maxwell Wiley had agreed to drop the manslaughter charges at the request of the Manhattan District Attorney after the jury was unable to reach a verdict last week.

The jury returned the verdict of not guilty on Monday after spending the morning deliberating the lesser charge of criminally negligent homicide, which carried a potential sentence of four years in prison.

Penny, a White Marine veteran, had beencharged in connection withthe May 2023 incident that was captured on video.

Neely, 30, had boarded a northbound F train at Second Avenue on May 1, 2023. Manhattan District Attorney Alvin Bragg said that Neely verbally threatened passengers once on board.

CNN, citing witnesses,reportedthat Neely — a noted Michael Jackson impersonator — said he didn’t care if he went back to jail and complained of being hungry.

Prosecutors say that Penny put Neely in a chokehold for several minutes after approaching him from behind, and that eventually Neely’s body stopped moving and he was pronounced dead at a hospital.

The Associated Pressreportedthat prosecutors had argued that Penny was indifferent to Neely’s life and noted that he continued the hold on him even after the train had stopped and the doors had opened.

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The defense argued that the pressure on Neely’s neck wasn’t applied consistently enough to kill him, the AP reported.

When video of the fatal encounter went viral, it sparked nationaloutrageand led to widespread protests in New York City. The incident sparked national debates on racism, vigilante justice and the treatment of the homeless and mentally ill.

Penny could still face financial liability for the incident. Neely’s father, Andre Zachery, filed a civil suit against Penny, accusing him of causing his son’s death through “negligence, carelessness, and recklessness.”

In a statement, Manhattan District Attorney Alvin Bragg said he “respects” the verdict while condemning what he said were “hate and threats” directed at prosecutors trying the case for the DA’s office.

source: people.com