Daniel Penny was just acquitted in the Subway choking trial – Mother Jones

Daniel Penny awaits the jury’s verdict in a New York criminal court in Lower Manhattan.Andrea Renault/Zuma

Daniel Penny, A former Marine accused of fatally choking a man on a New York subway in May 2023 has been found not guilty of involuntary manslaughter. The trial, which began in late October, lasted seven weeks and included more than 40 witnesses.

The death of Jordan Neely, a 30-year-old black man with a history of severe mental illness, immediately became a political flashpoint. This came amid growing fears about public safety in the subways, which New York Governor Kathy Hochul and New York Mayor Eric Adams sought to address with increased police presence. To some, Penny’s actions were an admirable intervention in an all-too-common mental health incident that threatened to endanger bystanders. Republican Rep. Eli Crane of Arizona recently said he plans to nominate Penny for the Congressional Gold Medal, telling Fox News: “Mr. Penny courageously stood in the gap to defy this corrupt system and protect his fellow Americans.”

But for many advocates, Neely’s death was an example of the city’s inability to protect its most vulnerable citizens. Neely, who was homeless, had spent years struggling through the mental health and criminal justice systems. Jawanza Williams, organizing director at the social justice organization VOCAL-NY, said Neely has been failed not only by the city’s social services, but also by recent political rhetoric surrounding homelessness.

“What happened to Jordan Neely was an indirect result of the way people — particularly Mayor Eric Adams and Gov. Kathy Hochul — talked about people experiencing homelessness,” Williams said while the trial was ongoing. “By creating an atmosphere of fear around people on the subway, particularly those with mental illnesses, it dehumanized them and increased the likelihood that people would commit violence against them.”

On May 1, 2023Neely boarded a crowded uptown F train in Lower Manhattan and said he was hungry, thirsty and ready to go to prison or die. Penny, an architecture student who served four years in the Marine Corps, was already on the train heading to the gym. His defense attorneys would later argue that when Penny approached Neely from behind and put him in a chokehold, she did so to protect others.

A freelance journalist recorded a video of the encounter lasting several minutes, which eventually went viral. In it, Penny can be seen lying on the floor of the train with her arm around Neely’s neck. Penny continued to hold him until long after the subway arrived at the next station and another man grabbed Neely’s arms. A bystander can be heard urging Penny to let go, saying, “You’re going to kill him now.” Neely became unconscious during the encounter and was later pronounced dead.

The incident sparked subway protests calling for Penny’s arrest. Some described it as a racist act of vigilantism. Yusef Salaam, a New York City Council member who was wrongly convicted as a teenager of raping a woman in Central Park in 1989, called it a “lynching in a public square.”

Penny was ultimately charged with second-degree manslaughter and involuntary manslaughter. This prompted some prominent Republicans to rally around Penny, with Florida Gov. Ron DeSantis calling him a “Good Samaritan.” His legal defense fund brought in millions.

Neely was once a Michael Jackson impersonator and danced in costume on the subway. His early life was marked by tragedy – his mother was murdered when he was 14 – and he was eventually diagnosed with schizophrenia. Reporting from New York Magazine followed Neely’s descent into drug use and homelessness. Outreach workers got to know Neely, who was once on the city’s list of homeless people most in need of help. In addition to a number of minor charges, Neely was also accused of assault – including one instance when he hit a woman on the subway.

During the trial, prosecutors laid out a narrow path to conviction. Assistant District Attorney Dafna Yoran said in her closing statement that it was “commendable” for Penny to intervene first and described Neely as “extremely threatening.” However, prosecutors argued that Penny’s actions became unlawful when he continued the chokehold after Neely was subdued and the passengers exited the train.

Defense attorneys emphasized Penny’s character — his platoon leader agreed during testimony that he was “calm and peaceful” — and argued that he did not want to kill Neely. Penny’s attorney, Steven Raiser, said Penny applied the chokehold “less aggressively” because he didn’t intend for Neely to lose consciousness. They have also sought to cast doubt on the findings of the city’s medical examiner, who found that Penny’s arrest killed Neely. The defense forensic pathologist testified that a genetic disorder and use of synthetic marijuana contributed to Neely’s death.

“The government is scapegoating the only man who was willing to step up when he was needed,” Raiser said in his closing statement.

After deliberating for almost three days, the jury was unable to agree on the most serious charge of manslaughter. On Friday, the judge dismissed the involuntary manslaughter charge to give them a chance to address the involuntary manslaughter charge. The acquittal came just hours after the jury reconvened on Monday.

Last week, while the criminal case was still ongoing, Neely’s father, Andre Zachary, filed a wrongful death lawsuit against Penny. “It really, really hurts,” Zachary told reporters outside the courthouse after the verdict was announced, according to the Associated Press. “I had enough of it. The system is rigged.”