A New York City jury has found Daniel Penny not guilty of criminally negligent homicide of Jordan Neely on Monday (December 9). The verdict comes after the judge dismissed the second-degree manslaughter charge against Penny last week.
After several days of deliberation, the jury returned to Judge Maxwell Wiley on Friday, saying they could not reach a unanimous decision on the manslaughter charge, which carried a potential 15-year jail sentence. Judge Wiley dismissed the charge, telling the jury to return on Monday to deliberate the remaining charge of criminally negligent homicide.
Penny was charged by prosecutors after Neely was killed when he was restrained by Penny, who placed him in a chokehold. The incident occurred on May 1, 2023, when Neely, a 30-year-old street artist struggling with homelessness and mental illness, began acting erratically on a subway train. Witnesses said Neely was shouting about needing food and drink and threw his jacket to the floor. Penny, with the help of two other passengers, restrained Neely in a chokehold, which lasted several minutes. Neely became unresponsive, and the medical examiner ruled his death a homicide due to neck compression.
The case has sparked debate in New York City, touching on issues of mental health, race relations, and public safety. Some view Penny's actions as an attempt to protect others, while others see it as excessive force. Prosecutors argue Penny acted recklessly by maintaining the chokehold after Neely ceased to be a threat, while the defense claims Penny was justified in his actions to protect fellow passengers.