The Daniel Penny Case
Verdict Update
On December 6, 2024, a significant development occurred in the case when Judge Maxwell Wiley dismissed the more serious second-degree manslaughter charge against Daniel Penny. This decision came after the jury reported being deadlocked, sending two notes to the judge indicating they could not reach a unanimous verdict on the manslaughter count. The dismissal of this charge, which carried a potential 15-year maximum sentence, left the jury to deliberate only on the lesser charge of criminally negligent homicide, which has a maximum sentence of four years. This move by Judge Wiley was controversial, with some legal analysts arguing it could pressure the jury into deciding on a verdict against Penny.
On December 9, 2024, after five days of deliberations spanning over 24 hours, the jury found Daniel Penny not guilty of criminally negligent homicide in the death of Jordan Neely. This verdict followed Judge Wiley’s dismissal of the more serious manslaughter charge three days earlier.
The jury determined that Penny’s actions during the May 2023 subway incident did not meet the legal threshold for criminal negligence. The trial had centered on whether Penny’s use of force was justified under the circumstances or if it constituted reckless disregard for human life.
Upon hearing the verdict, reactions in the courtroom were mixed. While some expressed relief at Penny’s acquittal, others voiced disappointment over what they viewed as a failure to hold him accountable for Neely’s death. This decision concludes a high-profile case that drew significant public attention over issues of public safety and accountability in New York City.
Background and Trial Developments
Incident Overview
On May 1, 2023, Daniel Penny, a 24-year-old former U.S. Marine, restrained Jordan Neely, a 30-year-old homeless man, in a chokehold on a New York City subway train.
Neely had been behaving erratically, reportedly shouting at passengers, expressing despair, and making threatening statements, though he did not physically attack anyone. The incident was captured on video, showing Penny holding Neely in a chokehold for several minutes.
Neely lost consciousness during the restraint and later died. The medical examiner ruled his death a homicide caused by “compression of the neck.” Neely’s history included struggles with mental illness and homelessness, and he had several prior arrests.
Legal Charges
Daniel Penny was charged with:
- Manslaughter in the Second Degree – Accusing him of recklessly causing Neely’s death.
- Criminally Negligent Homicide – Alleging negligence in his actions led to the fatal outcome.
If convicted, Penny could face up to 15 years in prison for manslaughter and up to 4 years for criminally negligent homicide.
The Trial
The trial began in late 2024 and has been marked by dramatic testimony, emotional accounts, and critical video evidence presented to the jury.
Witness Testimony
- Eyewitnesses: Subway passengers provided varied accounts of Neely’s behavior. Some described him as agitated and making threatening statements, while others testified that he did not appear to pose a direct threat of physical harm. One key witness, Eric Gonzalez, who assisted Penny in restraining Neely, testified that he joined the effort to ensure Penny released the chokehold. Gonzalez admitted to initially giving false information to prosecutors, claiming Neely had hit him, a statement he later recanted.
- Medical Examiner’s Testimony: The city medical examiner testified that Neely’s death was a homicide caused by neck compression. This conclusion was supported by police body camera footage showing attempts to revive Neely on the subway floor.
Defense’s Case
- Medical Expert’s Testimony: A forensic pathologist hired by the defense argued that Neely’s death was caused by a combination of factors, including synthetic marijuana in his system, schizophrenia, and a blood condition, rather than solely the chokehold.
- Character Witnesses: The defense presented testimony from Penny’s mother and fellow Marines, who described him as compassionate and responsible. His mother testified about the values of honesty and kindness she instilled in her son.
- Penny’s Statements: While Penny did not testify during the trial, his initial statements to police were introduced. In these statements, Penny described Neely’s threatening behavior and reiterated that he did not intend to harm him.
Key Evidence
- Video Footage: Cellphone videos from bystanders showed Penny holding Neely in the chokehold, including the duration of the restraint and the moments when Neely lost consciousness.
- Toxicology Reports: Evidence of synthetic marijuana in Neely’s system, which the defense argued contributed to his erratic behavior and death.
- Police Body Camera Footage: Videos from responding officers documented attempts to revive Neely, adding another layer to the timeline of events.
Closing Arguments
- Prosecution: Prosecutors argued that Penny’s use of force was excessive and reckless. They emphasized that he continued the chokehold for an extended period, even after Neely ceased struggling, and that Neely was unarmed and did not physically harm anyone.
- Defense: The defense asserted that Penny acted under intense stress in a chaotic environment, believing Neely posed a danger to passengers. They maintained that Penny’s military training informed his response but did not guarantee perfect judgment in the moment.
Waiting for the Jury’s Verdict
As of December 4, 2024, the jury is deliberating a verdict. They have requested to review key video evidence, including bystander footage and police body camera recordings, as well as parts of the medical examiner’s testimony. This suggests the jury is thoroughly considering the evidence before reaching a decision.
Mayor Eric Adams has expressed hope that the jury will “make the right decision,” underscoring the complexities of the case. The outcome remains highly anticipated as the trial continues to draw significant attention.