The jury delivered its verdict in Daniel Penny’s trial on Monday, acquitting the Marine veteran of criminally negligent homicide.
Penny, 26, had pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, a 30-year-old homeless man with schizophrenia. The incident occurred in May 2023 when Penny restrained Neely in a chokehold after Neely made death threats toward passengers on a New York City subway.
On Friday, the judge dismissed the manslaughter charge after the jury of 12—comprising seven women and five men—twice reported being unable to reach a unanimous verdict. Only after this dismissal were the jurors permitted to deliberate on the lesser charge.
During their deliberations, the jury submitted at least seven notes to the judge seeking to review evidence and clarify legal definitions. To convict Penny, jurors needed to determine that his use of force was unnecessary and that he acted recklessly.
Neely’s cause of death became a central issue in the trial. Prosecutors argued Penny held Neely in the chokehold for too long. Their case relied on testimony from Dr. Cynthia Harris, who initially recorded Neely’s cause of death as “inconclusive” but later changed it to “asphyxia” after reviewing video footage of the incident.
Dr. Satish Chundru, a forensic pathologist, challenged Harris’ findings, suggesting Neely’s death resulted from a combination of factors, including “effects of sickle-cell crisis, schizophrenia, the struggle and restraint, and synthetic marijuana.”
In his closing argument, Penny’s attorney, Steven Raiser, asked the jury, “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, all alone in a crowd of others frozen with fear?” Raiser questioned.
“This case is about a broken system, a broken system that does not help our mentally ill or our unhoused,” he continued. “In fact, it is that broken system that led us, that is interwoven into the very fabric of this case.”
While Penny is no longer facing criminal charges, Neely’s father, Andre Zachary, filed a lawsuit against him last week. The lawsuit accuses Penny of negligent assault, battery, and causing serious harm that led to Neely’s death.
