Daniel Penny verdict: Marine veteran found not guilty in NYC ...

Updated  December 9, 2024 11:50am EST

NEW YORK CITY - Daniel Penny, a Marine veteran who used a deadly chokehold on homeless man Jordan Neely on the New York City subway last year, was found not guilty in a verdict delivered after days of jury deliberations and courtroom back-and-forth.

Penny was cleared of criminally negligent homicide in Neely’s death. A more serious manslaughter charge was dismissed earlier in deliberations because the jury deadlocked on that count.

This case has divided the city and county, becoming a prism for differing views about public safety, valor and vigilantism.

The latest A group of pro-Jordan Neely protesters, who had been on the scene throughout the morning, were seen and heard chanting in front of the criminal courthouse.After hearing the verdict, a FOX 5 NY reporter inside the courtroom said it was the ‘first time Penny has smiled’ since the trial began."I miss my son, my son didn't have to go through this. I didn't have to go through this either," Neely's father, Andre Zachary, said at a press conference following the verdict. Inside the courtroom, FOX 5 NY's Michelle Ross said after the verdict was read, clapping and cheering erupted from both sides. They were told to immediately be quiet by court officers. What happened on May 1, 2023?

On May 1, 2023, Penny had left class and boarded an uptown F train in Manhattan to head to the gym. Jordan Neely was on board the train, and witnesses said he was shouting about needing food and something to drink before whipping his jacket to the floor and starting to scream. They differed in descriptions of his movements and whether they were threatening.

Penny stepped in and approached Neely from behind. With the help of two other passengers, Penny pinned Neely to the ground and placed him in a chokehold until Neely’s body went limp and he lost consciousness. The medical examiner’s office ruled the death a homicide caused by compression of the neck.

The train stopped at the Broadway-Lafayette Street station in Manhattan, allowing passengers to get off, but Penny did not let go.

Prosecutors and the defense both agree that Penny had the right to step in, but prosecutors argued that Penny used too much force on an unarmed man.

What did prosecutors say?

Prosecutor Yoran told jurors at the start of summations last week that Penny used too much force for too long on Neely, holding him a chokehold for nearly six minutes. Prosecutors argued that he could have released Neely after passengers stepped off the train at the station, once he was no longer a threat to others.

What did the defense say?

Defense lawyer Steven Raiser says Penny acted to save subway riders from threatening behavior. They argued that Penny held onto Neely until police arrived so they could take him into custody. They also claim that the chokehold was not what killed Penny, instead arguing that schizophrenia, synthetic marijuana use and sickle cell trait led to his death.

Who is Daniel Penny?

Daniel Penny is a U.S. Marine Corps veteran from West Islip, Long Island. He served in the Marines for four years and was discharged in 2021.

At the time of Neely’s death, Penny was studying architecture. 

Who was Jordan Neely?

Jordan Neely once was among the city's corps of subway and street performers and was known for his Michael Jackson impersonations. But after his mother was violently killed when he was a teenager, Neely was diagnosed with depression and schizophrenia, was repeatedly hospitalized, struggled with drug abuse and had a criminal record that included assault convictions.

What happened during the trial?

During the trial, the jury heard testimony from subway passengers who witnessed Penny's roughly six-minute restraint of Neely, as well as police who responded to it, pathologists, a psychiatric expert, a Marine Corps instructor who taught Penny chokehold techniques and Penny's relatives, friends and fellow Marines. Penny chose not to testify.

Jurors watched videos recorded by bystanders and by police body cameras and saw how Penny explained his actions to officers on the scene and later in a stationhouse interview room.

Timeline of events

May 1, 2023: Daniel Penny places Jordan Neely in a fatal chokehold.

May 10, 2023: New York City Mayor Eric Adams said that the death of Jordan Neely at the hands of a fellow subway rider was "a tragedy that never should have happened" and pledged to do more to help people experiencing mental health crises.

May 11, 2023: Penny turns himself in to the Manhattan District attorney’s office.

May 20, 2023: Republican presidential hopefuls line up to support Penny.

June 15, 2023: A grand jury indicted Penny.

June 28, 2023: Penny pleaded not guilty to second-degree manslaughter and criminally negligent homicide during his arraignment.

Jan. 17, 2024: A judge declined to dismiss the case against Penny.

Oct 21, 2024: Jury selection begins.

Nov 1, 2024: Jurors have heard opening statements in the trial.

Dec. 2, 2024: Closing arguments begin.