A New York jury acquitted Daniel Penny, a Marine veteran, of criminally negligent homicide in the subway chokehold death of Jordan Neely.
At 26 years old, Penny had pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide.
The verdict was announced after Judge Maxwell Wiley dismissed the manslaughter charge on Friday due to the jury’s inability to reach a unanimous decision, allowing them to consider only the lesser charge of criminally negligent homicide against Penny.
Penny faced allegations of putting 30-year-old Neely in a chokehold for nearly six minutes after Neely entered an F train, acting aggressively and shouting in 2023.
The incident was filmed by other passengers, sparking significant public outrage. When law enforcement arrived, Neely was pronounced dead at the scene.
In May 2023, Penny turned himself in to authorities and initially faced second-degree manslaughter charges before being released on a $100,000 bail.
Penny’s defense argued that he acted in self-defense while also attempting to protect fellow passengers on the train.
Neely, known for his Michael Jackson impersonations as a street performer, struggled with homelessness and mental health issues following his mother’s death.
After the verdict, Neely’s father, who was in the courtroom, was reportedly escorted out after becoming very upset.
