A New York City jury has acquitted 26-year-old Daniel Penny in the 2023 death of Jordan Neely, a homeless man with mental health issues, who Penny put in a chokehold for nearly six minutes during a subway encounter.
The jury found Penny not guilty of criminally negligent homicide, while the manslaughter charge was previously dismissed due to a deadlocked verdict. The courtroom erupted in both applause and anger when the verdict was announced, with Neely’s father visibly upset.
Penny’s acquittal has sparked mixed reactions. Republican New York City councilwoman Joann Ariola praised the verdict, calling Penny a hero who did the right thing by protecting fellow New Yorkers from a mentally ill person. Democratic council member Robert Holden also supported the acquittal, emphasizing the need to address untreated mental illness to prevent similar incidents in the future.
However, some, including City councilman Yusef Salaam, criticized the verdict, calling it a sign of systemic failure in addressing mental health crises and homelessness. Neely’s father expressed his pain outside the courtroom, claiming the system was rigged and demanding action for justice.
The trial centered on whether Penny, a Marine Corps veteran and architecture student, was justified in using lethal force during the incident. Penny argued he was defending passengers, while prosecutors contended that his actions went too far and caused Neely’s death after he stopped moving. The defense highlighted factors like Neely’s drug use and schizophrenia as contributing to his death.
Penny’s actions were further scrutinized as he told police that he was just trying to prevent Neely from harming others. However, witnesses stated that Penny ignored pleas to release Neely after he stopped resisting. The case raised broader issues about public safety, mental health care, and the treatment of the homeless, drawing national attention and debate over racism, policing, and vigilante actions.
Outside the courtroom, Neely’s father filed a lawsuit against Penny, accusing him of assault, battery, and negligence.
The incident, which involved a white man choking a Black man, was compared to the killing of George Floyd, sparking further protests over systemic racism and the city’s handling of vulnerable populations.
