Daniel Penny, Ex-US Marine Acquitted in Jordan Neely Chokehold Case | US News
A former US Marine has been acquitted of charges related to the death of a homeless man, whom he restrained using a chokehold on a New York City subway.
Daniel Penny, 26, faced criminally negligent homicide charges in connection to the death of 30-year-old Jordan Neely, which occurred in May 2023.
Footage of the incident circulated widely on social media, resulting in polarized opinions across the United States.
Jordan Neely. Pic: Mills & Edwards LLP
Opinions were divided, with some defending Mr. Penny’s actions to restrain Mr. Neely, who had a record of criminal behavior and mental health issues, while others condemned him for taking the law into his own hands against an unarmed Black man.
Mr. Penny maintained that he never aimed to take Mr. Neely’s life, holding him in a chokehold for almost six minutes after the subway train arrived at a station.
On Monday, after a trial that commenced in October, he was acquitted of the criminally negligent homicide charge.
A more serious manslaughter charge had already been dismissed by a judge after jurors could not come to a unanimous decision.
Mr. Penny, who did not testify during the trial, left the Manhattan courtroom without making any comments to the press after the verdict.
Prosecutors from the Manhattan District Attorney’s Office acknowledged that Mr. Neely had boarded the train in a loud and aggressive manner, expressing that he was hungry, thirsty, and wanted to return to jail.
However, they contended that Mr. Penny used excessive force without justification and held Mr. Neely in a chokehold for an unnecessarily long period by pulling him down with an arm around his neck.
They further argued that Mr. Penny, a four-year Marine veteran who later studied architecture, was warned by bystanders about the potential risks to Mr. Neely’s life but chose to ignore them.
Jordan Neely. Pic: Andrew Savulich/New York Daily News/TNS
Defense attorneys for Mr. Penny argued that he was acting in self-defense and was also protecting other passengers from a potentially dangerous and erratic individual who was making distressing comments and gestures.
The lawyers claimed that Mr. Penny was particularly concerned that Mr. Neely might pose a threat to a woman and child nearby.
Attorney Steven Raiser stated that his client restrained Mr. Neely “until he assessed that he was no longer a danger” and that he did not exert pressure on Mr. Neely’s airway during the final moments.
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A medical examiner determined that the cause of Mr. Neely’s death was asphyxia due to neck compression, although Mr. Penny’s defense claimed that factors such as drug use and sickle cell disease could have contributed.
Mr. Neely was a well-known Michael Jackson impersonator in New York City.
His extensive criminal history included multiple arrests for offenses like fare evasion, theft, and assaults against three women.
In reaction to the verdict, family attorney Donte Mills stated that Penny’s acquittal highlighted a failing system.
Mills remarked: “Everyone who is upset about this ruling, I encourage you to step outside today and assist someone, that’s how we can counter the system, by supporting one another.”
Following the verdict, Mr. Neely’s father, Andre Zachery, expressed his anguish, stating: “This is incredibly painful. I’m fed up. The system is corrupt.”
