Daniel Penny cleared of any wrongdoing

A Manhattan jury has cleared former Marine Daniel Penny of all criminal charges in the chokehold death of Jordan Neely, a homeless man whose killing on a crowded subway in May 2023 was caught on camera.

Daniel Penny has been cleared of all criminal charges. Credit: Michael M. Santiago / Getty

The disturbing incident was captured on video and ignited a national debate over mental health and public safety in New York City, as the public strongly debated on whether or not Penny's actions were justified.

Penny had faced charges of criminally negligent homicide, which carried a potential sentence of up to four years, but was acquitted after jurors found insufficient evidence to convict. Manslaughter charges, the most severe accusations against Penny, had already been dismissed following an earlier deadlock among jurors.

Defense Justifies Actions

Penny’s defense team argued that the Marine acted to protect fellow passengers during Neely’s erratic outburst aboard an uptown F train, the New York Post reports.

His attorney, Steven Raiser, told jurors: “Who do you want on the next train ride with you? The guy with the earbuds minding his own business who you know would be there for you if something happened? Or perhaps you just hope that someone like Jordan Neely does not enter that train when you are all alone, in a crowd of others frozen with fear?"

Witnesses described Neely as behaving belligerently before Penny intervened, although none testified that Neely physically attacked anyone or posed an immediate threat. One passenger recounted being “scared s***tless” as Neely declared he was “willing to die and go to jail,” while another referred to his rant as “satanic".

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Prosecutors, however, argued that Penny’s actions turned criminal when he maintained the chokehold after Neely became unresponsive. They presented video evidence showing Penny holding Neely for 51 seconds after he went limp, despite pleas from bystanders to release him.

Prosecutor Dafna Yoran told jurors: "What’s so tragic about this case is that even though the defendant started out trying to do the right thing, as the chokehold progressed, the defendant knew that Jordan Neely was in great distress and dying, and he needlessly continued."

Medical and Expert Testimony

Dr. Cynthia Harris, the city medical examiner, ruled Neely’s death a homicide caused by the chokehold, asserting that her conclusion was clear even before toxicology results were available.

Trial evidence revealed Neely had synthetic marijuana, known as K2, in his system at the time of his death, and suffered from schizophrenia.

Penny’s defense countered with testimony from forensic pathologist Dr. Satish Chundru, who suggested Neely’s death resulted from a combination of factors, including a sickle cell crisis, his mental health condition, and the drug in his system.

Public Reaction and Broader Implications

The case has drawn attention to systemic failures in addressing mental illness and homelessness. Jordan Neely - known for his Michael Jackson impersonations in subway stations - had a long history of mental health issues and more than two dozen interactions with the NYPD as an “emotionally disturbed person".

Mayor Eric Adams commented on the tragedy, suggesting that Penny had acted in a way that the city should have by stepping in to protect others.

Credit: Spencer Platt / Getty

“This case is about a broken system,” said Raiser in his closing argument, emphasizing the lack of support for individuals like Neely.

Polarizing Verdict

The jury’s decision has deepened national debates surrounding public safety, mental health care, and the use of force in self-defense. Penny’s acquittal underscores the complexities of these issues while leaving questions about systemic reform unresolved.

The outcome reflects a city divided—one mourning the loss of a vulnerable man they say was failed by the system, and another grappling with the reality of fear and safety in shared public spaces.

Featured image credit: Michael M. Santiago / Getty