(Rightallegiance.com) – Daniel Penny, a 26-year-old former Marine, was acquitted Monday of criminally negligent homicide in the high-profile death of Jordan Neely, a 30-year-old homeless man with a history of mental health struggles. The incident, which occurred on a New York City subway train, was captured on bystander video and quickly became a flashpoint for protests and national discussions about mental health, public safety, and race.
The jury’s decision came after five days of deliberations. On Friday, they reported being deadlocked on a more severe charge of manslaughter, prompting Judge Maxwell Wiley to dismiss it. The jury then deliberated for just over an hour before delivering the “not guilty” verdict on the lesser charge, which carried a potential prison sentence of up to four years. The announcement prompted mixed reactions in the courtroom. Some spectators applauded, while others, including Neely’s father, Andre Zachery, openly wept and cried out. Zachery was escorted from the courtroom amid the emotional scene.
Outside the courthouse, protesters expressed their frustration with chants of “no justice, no peace,” reflecting the intense division surrounding the case. “This is America. That is the sound of Black pain,” one demonstrator said, highlighting the broader societal tensions tied to Neely’s death. Neely, who was Black, died after Penny, who is white, restrained him in a chokehold on a crowded subway train in Manhattan in May 2023. Witnesses testified that Neely had been shouting erratically about his struggles, saying he was hungry, thirsty, and indifferent to whether he lived or died. Penny testified that he intervened out of concern for the safety of other passengers.
The medical examiner ruled Neely’s death a homicide caused by compression to his neck. Prosecutors argued Penny’s actions were reckless and unjustified, emphasizing that Neely posed no direct physical threat and that passengers had the opportunity to exit the train at the next station. Video evidence, they said, showed Penny continuing to choke Neely despite bystanders urging him to stop. Assistant District Attorney Dafna Yoran criticized Penny’s lack of remorse, pointing to a police interview in which he referred to Neely as a “crackhead” and failed to express any regret over his death.
Penny’s defense team argued that he acted in self-defense, attempting only to restrain Neely until police arrived. They maintained that Neely’s death was not solely caused by the chokehold but was the result of a combination of factors, including synthetic drugs in his system and his underlying health conditions. A pathologist hired by the defense supported this claim, though the city’s medical examiner refuted it, asserting that the chokehold was the primary cause of death.
The case, which drew national attention, underscored systemic issues surrounding homelessness, mental health, and public safety in urban environments. Jordan Neely had struggled with mental illness for years and was a familiar figure on the subway system, often performing as a Michael Jackson impersonator. His death became a rallying cry for activists and a symbol of broader societal failings in addressing the needs of vulnerable populations.
Reactions to the verdict reflected deep political and social divisions. Prominent figures weighed in on the case, with Congresswoman Alexandria Ocasio-Cortez calling Neely’s death a “murder” and questioning why police allowed Penny to leave custody after the incident. Meanwhile, Republican leaders, including Florida Governor Ron DeSantis, defended Penny, describing his actions as heroic and helping raise over $3 million for his legal defense. Vice President-elect JD Vance declared that “justice was done in this case,” calling Penny’s prosecution a scandal.
Neely’s family expressed profound disappointment with the verdict. Christopher Neely, Jordan’s uncle, said he was stunned by the outcome, believing the jury would at least convict Penny on the lesser charge. “They gave him no penalty, and I feel like the jury gave up on us,” he said. Attorney Donte Mills, representing the family, urged the public to reflect on the meaning of Neely’s death, calling for greater empathy and understanding toward individuals in crisis. “Jordan just wanted someone to acknowledge him,” Mills said, noting that a muffin was later found in Neely’s pocket.
The trial itself was marked by intense scrutiny. Jurors, who heard testimony from over 40 witnesses, including passengers, police officers, medical experts, and character witnesses for Penny, requested multiple reviews of evidence and clarifications on legal definitions. Penny did not testify in his defense. Video footage, medical examiner testimony, and police body camera recordings were central to the case, as were conflicting interpretations of Penny’s intentions and Neely’s condition.
While Penny walked free, the case remains a flashpoint for discussions on public safety and mental health policy. Advocates for reform argue that Neely’s death illustrates the failures of current systems to provide adequate support for people like him. In the aftermath of the verdict, Neely’s father filed a civil lawsuit against Penny, alleging wrongful death and negligence. The lawsuit ensures that the legal battles over Neely’s death are far from over and keeps the national spotlight on the critical issues at the heart of the case.
Wow!..Justice is surely blind..but NOT in this case! Penny took the initiative and courage to stop this deranged person from harming himself and innocent bystanders and should be heroically acclaimed for his actions.
It is very unfortunate that Neely expired..but this is the option he chose, in his aggressive and out of control actions.
The local, state, federal authorities are really the blame in this case, as they continue to ignore the very real crisis of mental health and additions. This, I’m sure could have been avoided and headed off way before this very unfortunate situation.
The incident was most unfortunate. I’ve a sneaking suspicion that Penny’s former military service to his country may have had a large bearing on his prosecution and determination NOT to lay charges. .
Neely was simply a victim of the far too common societal problem of mental illness and drug addiction that has never been addressed fully by elected governments.
Those with mental health and addiction problems SHOULD be detained, admitted and treated as the DAT acronym suggests. But instead, we chose to see the mentally ill and drug addicted as homeless and a nuisance to our society. No political will to legislate for those who get caught in this vise. They simply cannot get out of it without the help of a strong societal program. D.A.T is one of the ways to do it.
Admit them to a well-run and government-funded detention and treatment facility.. Ensure that that facility has a large governmental oversight to ensure everything is as it should be. This COULD hep avoid the catastrophic residential schools program of the past which was not independently overseen but simply handed off to the churches to run assuming they would do all that is right. ,Make the occupants of these facilities stay and treat them. Don’t release them on their own recognizance, until they are on their way to be contributing members to our society with facility support, if need be.