Daniel Penny Cleared in Subway Chokehold Incident Leading to Jordan Neely’s Death – One America News Network
OAN Staff James Meyers
9:33 AM – Monday, December 9, 2024
A jury in Manhattan has found Daniel Penny not guilty of any criminal charges related to the chokehold death of Jordan Neely on a busy subway train.
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The jury cleared Penny of the charge of criminally negligent homicide, which could have resulted in a sentence of up to four years in prison for Neely’s death on a crowded F train in May 2023.
This verdict follows the removal of the manslaughter charge on Friday after jurors indicated a lack of unanimous agreement on the case.
Jurors favored the arguments presented by Penny’s defense, which contended that the Marine veteran acted to protect fellow passengers when he restrained the out-of-control man. Defense attorneys also raised doubts about whether the chokehold was the direct cause of Neely’s death.
“Who would you prefer to have on the next subway ride with you?” questioned Steven Raiser, one of Penny’s attorneys, during his closing remarks in Manhattan Supreme Court.
“The individual with earbuds, absorbed in their own world, who you trust to support you if trouble arises? Or would you rather hope that a person like Jordan Neely doesn’t board the train when you find yourself alone among others paralyzed by fear?”
The jury reached their verdict after hearing testimony from over 40 witnesses, including passengers who recounted Neely’s alarming behavior on the train just before Penny intervened at the Broadway-Lafayette station.
One witness described feeling “scared out of her mind” from Neely’s threats to “die and go to jail,” later expressing gratitude to Penny for his actions, noting Neely’s warning that “someone is going to die today.”
Another mother traveling with her 5-year-old son testified that she was so frightened by Neely’s “belligerent and unhinged” demeanor that she shielded her child behind a stroller.
During the trial, it was revealed that Neely had no weapon on him at the time, with authorities discovering only a muffin in his pocket.
New York Mayor Eric Adams (D-N.Y.) publicly supported Penny, arguing that the Marine veteran acted in a manner that the city should have embraced — by intervening to safeguard others on that day.
Conversely, prosecutors contended that Penny’s response escalated into criminal behavior when he maintained the chokehold long after most frightened passengers had exited the train.
“The tragic aspect of this case is that while the defendant might have initially aimed to do the right thing, he continued the chokehold despite knowing Jordan Neely was in severe distress and dying,” stated prosecutor Dafna Yoran in her closing arguments.
Evidence presented during the trial indicated that Neely had synthetic marijuana, known as K2, in his system at the time of the incident. Jurors learned that Neely had been diagnosed with schizophrenia and had previously informed medical professionals in 2021 that he heard the “devil’s voice.”
To strengthen his defense, Penny’s mother, sister, friends, and fellow Marines testified to his character.
The defense’s medical witness, forensic pathologist Dr. Satish Chundru, asserted that Neely’s death resulted from “the combined effects of sickle cell crisis, schizophrenia, the struggle and restraint, and synthetic marijuana,” rather than from Penny’s chokehold.
Penny chose not to testify during the trial. Jurors heard him tell responding police officers on the train, “I just put him out,” while gesturing a choking motion.
Later, at the 5th Precinct in Chinatown, during an interrogation, Penny claimed he was trying to “de-escalate the situation” and that he didn’t intend to harm Neely.
“I’m not trying to kill the guy,” the Marine veteran explained to detectives, while prosecutors observed from behind a one-way mirror. “I’m just trying to prevent him from hurting anyone else.”
Neely’s death and Penny’s subsequent arrest 11 days later ignited intense debate over whether Penny’s actions were justified.
“This case represents a broken system, one that fails to support our mentally ill and unhoused populations,” Raiser, Penny’s attorney, remarked at the conclusion of his closing statement.
“In reality, it is this flawed system that has led us to this point, intricately woven into the fabric of this case.”
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