Jury Acquits Daniel Penny in Subway Death Case in Manhattan
Manhattan, NY – In a case that has captured public attention and divided opinions, a Manhattan jury found Daniel Penny not guilty of criminally negligent homicide in the death of Jordan Neely, a street artist who died on a New York City subway in May 2023. The verdict was delivered in court on Monday, following a trial that stirred intense emotions and brought several pressing issues to the forefront.
Background of the Incident
The incident occurred on May 1, 2023, when Neely, a 30-year-old man grappling with homelessness, mental health issues, and a history of drug use, boarded a subway car and began behaving erratically. According to witnesses, he expressed feelings of hunger and despair, telling passengers that he didnโt care if he died.
In response to the situation, Penny, a 26-year-old former Marine, restrained Neely in a chokehold from behind, bringing him to the ground and holding him there for several minutes. When Penny finally released the chokehold, Neely was found to be unresponsive and later pronounced dead. Video footage of the incident circulated widely, raising questions about the appropriateness of Penny’s actions.
The Trial and Deliberations
The trial began in late October, with jury selection followed by testimony and evidence presentation. Testimonies included accounts from over 30 witnesses, including subway passengers, police officers, and medical experts. The prosecution argued that Penny acted recklessly by using excessive force and maintaining the chokehold for too long. They claimed that he failed to recognize the potential danger his actions posed.
On the other hand, Penny’s defense contended that he was acting in self-defense and for the protection of fellow passengers. In an interview, he stated, โI wasnโt trying to injure him. Iโm just trying to keep him from hurting anybody else. He was threatening.โ
The jury deliberated for just over an hour on the criminally negligent homicide charge, while they spent 16 hours last week and an additional three hours on Friday considering a more serious second-degree manslaughter charge before indicating they were deadlocked.
Reactions Following the Verdict
After the jury announced their verdict, applause filled the courtroom while Penny appeared visibly relieved and even smiled as he acknowledged the jury members. His attorney, Tom Kenniff, released a statement highlighting the toll of the 18-month legal process on his client, who was accused of doing his best to defend others against perceived danger.
In sharp contrast, Neelyโs father, Andre Zachary, was visibly upset and had to be escorted out of the courtroom following an emotional outburst. He expressed deep sorrow over the loss of his son, stating, โIt hurts, it really, really hurts. What are we going to do, people? Whatโs going to happen to us now? Iโve had enough of this. The system is rigged.โ
Community and Official Responses
The case has polarized public opinion, with some viewing Penny as a hero for protecting subway passengers while others contend that Neely’s death highlights systemic issues, including the treatment of individuals with mental health challenges. Notably, the Black Lives Matter movement added Neelyโs name to its list of victims, drawing attention to issues of race and criminal justice.
In the aftermath of the verdict, Manhattan District Attorney Alvin Bragg stated that the office โfollowed the facts and the evidence from beginning to endโ and respected the jury’s decision. New York Mayor Eric Adams also commented, stating that the incident underscores failures in the mental health system.
Next Steps and Lawsuit
With the conclusion of the criminal trial, Neelyโs family has filed a lawsuit against Penny, accusing him of assault, battery, and causing Neelyโs death through negligence. The outcome of this civil suit remains to be seen.
The jury’s ruling has left many in the community reflecting on the intersections of public safety, mental health, and accountability, as the city grapples with the implications of the case and the broader societal issues it raises.
Author: STAFF HERE MEMPHIS WRITER
The MEMPHIS STAFF WRITER represents the experienced team at HEREMemphis.com, your go-to source for actionable local news and information in Memphis, Shelby County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the areaโwith deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Beale Street Music Festival, Elvis Week, and Memphis in May International Festival. Our coverage extends to key organizations like the Greater Memphis Chamber and the Memphis Convention & Visitors Bureau, plus leading businesses in logistics, healthcare, and music that power the local economy such as FedEx, St. Jude Children's Research Hospital, and AutoZone. As part of the broader HERE network, including HEREBristol.com, HEREChattanooga.com, HEREKnoxville.com, and HERENashville.com, we provide comprehensive, credible insights into Tennessee's dynamic landscape.
