The Associated Press, by Jennifer Peltz
NEW YORK (AP) In a case that became a focal point for contrasting opinions on bravery, public safety, and vigilantism, a Marine veteran who choked an irate subway passenger was found not guilty on Monday.
Daniel Penny was found not guilty of criminally negligent homicide in the 2023 death of Jordan Neely by a Manhattan jury. Last week, a more serious manslaughter accusation was dropped due to a jury deadlock on that count.
As the decision was read, Penny, who had been expressionless throughout the trial, grinned for a moment. He claimed to feel fantastic as he celebrated later with his lawyers.
Neely’s father and two supporters were escorted out of the courtroom after they audibly reacted to the outpouring of praise and outrage. Another departed, crying and screaming.
Andre Zachery, Neely’s father, remarked outside the courthouse, “It hurts like hell.” This was plenty for me. It is a rigged system.
Numerous American fault lines, including those related to race, politics, crime, urban life, mental illness, and homelessness, were exacerbated by the case. Neely was Black. Penny is white.
On Monday, as well as other occasions, there were opposing protests outside the courthouse. While prominent Democrats attended Neely’s burial, prominent Republicans hailed Penny as a hero.
In Times Square, New York, Jordan Neely is photographed prior to seeing the Michael Jackson film “This is It,” in 2009. (New York Daily News, TNS, file, Andrew Savulich)TNS
According to Penny’s lawyers, he was defending himself and other subway users against a tumultuous, mentally ill man who was making frightening gestures and statements.
While celebrating the decision with Penny at a pub in downtown Manhattan, one of his attorneys, Thomas Kenniff, claimed that Penny had finally received the justice he was due.
Prosecutors, according to Manhattan District Attorney Alvin Bragg, a Democrat whose office initiated the case, followed the facts and the evidence all the way through and respected the verdict.
After beginning its deliberations on Tuesday, the anonymous jury was led to a van outside the courtroom.
After four years in the Marines, 26-year-old Penny pursued a degree in design.
Neely, 30, was a former subway performer with a traumatic past. When he was a teenager, his mother was killed and put in a bag.
Neely performed Michael Jackson tributes on the city’s streets and subways as a younger man, complete with moonwalks. However, Neely also battled mental illness following the death of his mother, whose boyfriend was found guilty of her murder.
aboard Monday, May 1, 2023, New York police officers arrive at the scene of a man who was later named as Jordan Neely and who died after being choked aboard a subway train. (AP file, Paul Martinka)AP
According to medical records revealed at the trial, he later received diagnoses of schizophrenia and depression, was hospitalized multiple times, and took the synthetic cannabinoid K2, which he later discovered had a detrimental effect on his conduct and thoughts. When he passed away, the medicine was still in his system.
According to hospital records, Neely told a doctor in 2017 that he felt so gloomy about living in poverty, being homeless, and having to scrounge through the trash for food that he occasionally considered suicide.
On May 1, 2023, almost six years later, he got on a subway beneath Manhattan, threw his jacket to the ground, and said he was thirsty and hungry and didn’t care if he died or was arrested, according to witnesses. Some stated that they were terrified, while others informed 911 operators that he attempted to attack passengers or threatened to hurt riders.
Neely didn’t touch any passengers, was unarmed, and had only a muffin in his pocket. One claimed that she protected her 5-year-old from him because of his frightening lunging motions.
According to what the veteran told the responding officers, Penny approached Neely from behind, grabbed his neck, pulled him to the ground, and put him out.
During the roughly six-minute pause, Neely tapped an onlooker’s knee and beckoned to him, according to passenger video. An arm later came loose for a moment. However, he froze for about a minute before Penny let him go.
In one video, an unseen observer stated, “He’s dying.” Release him!
In his testimony, a witness who intervened to restrain Neely’s arms stated that he instructed Penny to release the guy; however, Penny’s attorneys pointed out that the witness’ account evolved over time.
Shortly after the confrontation, Penny informed officers that Neely had threatened to kill people and that the chokehold was an attempt to defuse the situation until the police could get there. The veteran claimed that Neely’s sporadic attempts to escape were the reason he managed to hang on so long.
I had no intention of hurting him. All I’m trying to do is prevent him from doing harm to others. He is making threats. Penny informed the detectives that’s what we learn in the Marine Corps.
But according to testimony from one of Penny’s Marine Corps instructors, the veteran abused a chokehold technique he had been taught.
Although Penny did not testify, friends, family, and other Marines did, characterizing him as a man of integrity, patriotism, and empathy.
To be charged with manslaughter, it would have been necessary to demonstrate that Penny killed Neely out of recklessness. Criminally negligent homicide is when someone commits a significant, blameworthy act without realizing the danger. Both counts were felonies that carried jail sentences.
Neely’s father sued Penny for wrongful death during the criminal trial.
Crime and court news
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