After five days of deliberation, jurors delivered their verdict in the trial of Daniel Penny, acquitting the Marine veteran of criminally negligent homicide in the May 2023 subway death of Jordan Neely, according to reports. The decision followed a judge’s dismissal of the manslaughter charge last week, which came after jurors reported being deadlocked twice. Only after that ruling were they permitted to weigh the lesser felony charge, which also carried the potential for prison time.
At 26, Penny restrained Neely in a chokehold for approximately six minutes, a moment partially captured by bystanders on video. His legal team argued the act was a defense against a threatening individual exhibiting erratic behavior, challenging the city’s medical examiner’s conclusion that the chokehold caused Nelely’s death. Prosecutors countered that Penny’s response was disproportionate, shaped more by fear than necessity. The case became a flashpoint in America’s ongoing debates around race, mental health, public safety, and the lived realities of urban life—underscored by the fact that Penny is white, and Neely was black.
Outside the courthouse, tensions flared as opposing groups staged competing demonstrations, with Republican figures lauding Penny as a hero while leading Democrats mourned Neely at his funeral. The trial reached a dramatic conclusion last Friday when jurors announced their deadlock on the manslaughter charge, prompting prosecutors to make the uncommon decision to request its dismissal. A former Marine with four years of service, Penny later pursued a career in architecture.
Conflicting Narratives Emerge Over Subway Chokehold Incident
Neely, with nothing more than a muffin in his pocket and no weapon in sight, never touched or directly confronted any passengers, according to multiple accounts. Riders described him as keeping his distance, though one recalled sudden movements that prompted her to shield her young child. Penny, traveling from a college class to the gym, approached Neely from behind, restrained him by the neck, and forced him to the ground, later telling police he had “put him out.”
A passenger’s video captured Neely tapping an onlooker’s leg and gesturing faintly during the six-minute restraint. At one point, he managed to free an arm, but within moments he fell motionless—his body limp nearly a minute before Penny let go. In the background, a voice urged, “He’s dying” and “let him go!”
In a statement to detectives following the incident, Penny claimed that Neely had made death threats against passengers, prompting him to apply the chokehold as a measure to “de-escalate” the situation until authorities arrived. He stated, “I wasn’t trying to injure him. I’m just trying to keep him from hurting anyone else. He’s threatening people. That’s what we learn in the Marine Corps.”
A Marine combat instructor testified that Penny misused a chokehold technique taught during his training. Prosecutors argued that the need to restrain Neely ended when the train doors opened seconds after the incident began. Penny told police he used “a choke” or “chokehold,” but his lawyer called it a modified civilian restraint. The defense claimed Penny didn’t apply enough pressure to kill Neely, citing their forensic expert’s testimony.
However, prosecutors refrained from claiming that Penny had the intention to murder Neely. The dismissed manslaughter charge hinged on proving reckless actions that directly caused a death, while the standard for criminally negligent homicide centers on grave misconduct paired with a failure to recognize its potential consequences. As the criminal case unfolded, Neely’s father pursued justice through a wrongful death lawsuit against Penny.