Daniel Penny Found Not Guilty

Daniel Penny, who was accused of putting homeless man Jordan Neely in a fatal chokehold on a New York City subway car last year, has been found not guilty of criminally negligent homicide.

Penny, a 26-year-old Marine veteran, was found not guilty of killing Neely after the jury deliberated for nearly a week in a case that has drawn national attention.

Jurors were originally tasked with determining whether Penny “recklessly” caused the death of Neely by using the chokehold – or second-degree manslaughter – or if he was guilty of criminally negligent homicide, a lesser charge that carries a maximum sentence of four years in prison. According to court documents, the lesser charge requires the jury to determine Penny failed to recognize Neely’s life was at risk as he held him in the chokehold.

On Friday, the jury indicated it was deadlocked over the manslaughter charge, The Daily Wire reported at the time. Judge Maxwell Wiley initially told the jury to return to deliberations and find a unanimous decision, but they again said they couldn’t. At that point, the judge and Assistant District Attorney Dafna Yoran discussed the possibility of dropping the manslaughter charge and allowing the jury to deliberate on the lesser charge in an effort to find a guilty verdict.

When the Jury returned to work on Monday, it took them less than an hour to return a not guilty verdict for the lesser charge of criminally negligent homicide.

After the verdict was read, Penny’s side of the courtroom reportedly applauded, while the side of the courtroom supporting Neely became disruptive once again, with someone allegedly talking about killing, according to journalist Matthew Lee, who was in the room. Those in Neely’s corner also reportedly said America is “a racist country!”

Jury entering!
Clerk: How do you find on Daniel Penny on Count 2?
Foreperson: Not guilty.
From Penny said, applause
Judge: Be quiet.
From Neely side: … gonna be killed..
Judge: Out.
From Nelly side: It’s a small world, buddy.. It’s a racist country!

— Inner City Press (@innercitypress) December 9, 2024

As the judge, jury, and attorneys entered the courtroom on Monday, multiple protest groups demonstrated outside, including one chanting “guilty” as Penny himself entered the courtroom.

WOW: Protestors shout “Guilty, Guilty, Guilty” as Daniel Penny walks into the Courthouse.

We’ve all seen the videos—it’s clear Penny was a hero Good Samaritan, only trying to help.

The sacred American presumption of innocence has been made a mockery.pic.twitter.com/5v88qntRLx

— John Strand (@JohnStrandUSA) December 2, 2024

The judge and attorneys discussed the protests, with the defense pointing out that many have been anti-Penny, with protesters chanting, “Daniel Penny, subway strangler,” and “If we don’t get no justice, they don’t get no peace.” Kenniff also asked to enter videos of the protests taken on his cell phone into the court record.

Penny’s lawyer Kenniff: The chants are “Daniel Penny, subway strangler” and “If we don’t get no justice, they don’t get no peace,” which we take as a threat against the jurors. The press conference outside the court on Friday said the same. Circuslike is not OK

— Inner City Press (@innercitypress) December 9, 2024

Crime has become a major issue in New York City following multiple high-profile attacks, including the murder of UnitedHealth CEO Brian Thompson last Wednesday. Crime in the city even brought Democrat Mayor Eric Adams to publicly defend Penny, The Daily Wire previously reported.

“We’re now on the subway where we’re hearing someone talking about hurting people, killing people,” Adams said on Tuesday, referring to Neely’s threatening comments toward passengers. “You have someone [Penny] on that subway who was responding, doing what we should have done as a city.”

“Those passengers were afraid,” Adams added.

For its final witness, the defense called Brian Kemef, who works for the court clerk’s office. Kemef testified that Neely had an active warrant for his arrest relating to an alleged assault in 2021. Neely also had a history of violence, including other assaults on the subway, Fox News reported.

Neely also was hospitalized more than a dozen times for psychotic episodes, and claimed to hear deceased rapper Tupac and the devil, The Daily Wire previously reported.

In his first police interrogation – during which he was not told Neely had died – Penny explained that Neely had been acting “like a lunatic” before he jumped him to protect other passengers.

“Some guy came in, and he’s like with his jacket off and he’s like, ‘I’m gonna kill everybody. I’m gonna go to prison forever. I don’t care,’” Penny says in the interrogation video that was played for the court.

Penny then tells the detectives that he asked the person next to him to hold his phone, and he removed his earbuds before getting behind Neely and placing him in the hold.

“I just kind of, like, grabbed him from behind,” Penny said.

“Because he was acting like a lunatic, like a crazy person,” he continued. “So, and he was rolling around the floor. And at that point, the train stopped. I was like, ‘Someone call the cops,’ and he’s still, like rolling around, still going crazy. I had two other guys kind of help me just kind of keep him from going nuts. And yeah, that’s when you guys came.”