US Marine vet not guilty in New York subway death
NEW YORK—A former US Marine was found not guilty on Monday in the chokehold death of a homeless man on the New York subway in a divisive case highlighting race, mental illness and public safety in America’s biggest city.
Daniel Penny, 26, who is white, was acquitted by a jury of the charge of criminally negligent homicide in the death of Jordan Neely, a 30-year-old Black man, after a high-profile trial.
The jury, after three days of deliberations, had previously deadlocked on a more serious charge of manslaughter.
“The jury has now spoken,” Manhattan district attorney Alvin Bragg said in a statement following the verdict, which was met with anger from Neely’s family in the courtroom and cheers from Penny’s supporters.
“We deeply respect the jury process and we respect their verdict,” said Bragg, whose office brought the charges.
Caught on video
Neely’s May 1, 2023, death on a New York subway train was caught on video by onlookers and the footage was shared widely on social media.
According to witnesses, Neely, before being restrained by Penny, had been screaming at passengers for food and drink and saying he was willing to die.
A witness who called 911 said Neely “was attacking everybody.”
Penny’s defense lawyers told jurors that Penny acted out of alarm that Neely might hurt a woman and a child he was approaching.
‘No chokehold’
Lawyer Steven Raiser said his client held Neely “until he knew that he was no longer a threat” but did not apply pressure on his airway during the last crucial moments.
“What happened on May 1, 2023 was not a chokehold death,” Raiser said. “He was controlling Mr. Neely’s body, not choking him.”
The video showed Penny pinning Neely, who had a history of mental illness, to the ground in a chokehold on the floor of the train for several minutes.
At least two other men could be seen on video trying to restrain the struggling Neely.
Besides the racial element, the case brought into focus two burning issues in New York: mental illness among those living on the streets, and residents’ fears for their safety on public transit.
Newsweek reported that the homeless man had 42 prior arrests between 2013 and 2021, citing a New York City police spokesperson. Neely had a warrant for his arrest for assault.
Protests erupted in New York after Neely’s death, resulting in several arrests, as some decried Penny’s actions as an example of white “vigilantism.”
Safety issues
Black Lives Matter protestors demonstrated daily outside the downtown courthouse where Penny’s trial was held.
While some on social media condemned the level of force used by Penny, others voiced fears for their safety on New York’s subway.
The city’s medical examiner said Neely was killed by compression of the neck, and ruled the death a homicide.
A forensic pathologist hired by the defense contradicted the findings of the medical examiner, saying the chokehold did not cause Neely’s death.
Penny’s lawyers attributed it to drug use and a genetic condition.
