Ex-Marine Found Not Guilty in Chokehold Death of Black NYC Street Performer
A New York City jury acquitted Daniel Penny of criminally negligent homicide in the chokehold death of local street performer Jordan Neely aboard a subway car in 2023.
Penny, a 26-year-old Marine veteran, had been charged with second-degree manslaughter and criminally negligent homicide but pleaded not guilty to both charges. On Friday (Dec. 6), a judge dismissed the manslaughter charge after jurors reported they could not reach a unanimous verdict.
The jury was only able to consider the negligent homicide charge after Penny was acquitted of manslaughter. His defense later requested a mistrial after over a dozen protesters lined up outside the courthouse on Monday, chanting "Justice for Jordan Neely." However, that request was denied.
CBS reports that following the verdict, Penny appeared to smile as his attorneys hugged each other.
The fatal encounter occurred on May 1, 2023, when 30-year-old Neely, reportedly struggling with homelessness and mental illness following his mother’s murder in 2007, boarded an F train in SoHo.
Reports say witnesses testified that Neely was agitated, throwing items and making threats before Penny restrained him by applying a chokehold for several minutes until he stopped moving. Despite efforts by police to revive Neely, he was pronounced dead at the scene.
Neely's death was ultimately ruled a homicide caused by compression of the neck. Toxicology reports also showed traces of synthetic marijuana in his system. The incident has sparked ongoing protests, with demonstrators demanding justice for Neely.
Penny turned himself in on May 12, 2023, was initially charged with second-degree manslaughter, and was released on $100,000 bail. He now faces no criminal charges related to the incident.
