By Stacey M. Brown
NNPA Newswire
Daniel Penny, the former Marine who placed Jordan Neely in a fatal chokehold on a New York City subway, was acquitted Dec. 9 of criminally negligent homicide. Neely, a 30-year-old homeless man with a documented history of mental illness, died on May 1, 2023, in an incident that drew national attention and ignited weeks of protests over issues of mental health, public safety and racial justice.
Photo: Photo courtesy of NNPA
Photo: AP Photo/Stefan Jeremiah
The acquittal came after a jury of seven women and five men deliberated for five days. Their decision followed a deadlock on a more serious manslaughter charge, leading Judge Maxwell Wiley to dismiss it on Dec. 6. Penny, 26, who faced up to four years in prison, walked free after the jury found no unanimous consensus on his criminal liability.
Neely’s final moments were captured on bystander video, showing Penny restraining him with a chokehold for nearly six minutes. Witnesses testified that Neely, a one-time Michael Jackson impersonator, had been shouting on the train, expressing his desperation, hunger and desire to return to jail. His erratic behavior allegedly frightened some passengers, and Penny grabbed Neely and placed him in a chokehold.
The case has drawn comparisons to the infamous 1984 incident involving Bernhard Goetz, a White man who shot four Black teenagers on a New York City subway after claiming he believed they were trying to rob him. Goetz’s acquittal on attempted murder charges, despite being convicted of illegal firearm possession, sparked fierce debates on race, vigilantism and self-defense. Much like the Goetz case, Penny’s acquittal has again highlighted the persistent racial disparities in how the justice system perceives and punishes acts of force, particularly when the victims are Black.
Prosecutors argued Penny’s actions were reckless and caused Neely’s death by neck compression. The city’s medical examiner ruled Neely’s death a homicide, attributing it to the chokehold. Penny’s defense team maintained he acted out of fear for other passengers’ safety and did not intend to kill Neely. They further claimed that the amount of pressure Penny applied during the restraint was unclear.
The case has resurfaced deep societal divides over the handling of mental health crises and vigilantism. Neely, a Black man battling untreated mental illness and homelessness, became a symbol of systemic failures. Penny’s actions—and his subsequent legal defense—drew sharp criticism for perpetuating dangerous stereotypes and justifying lethal force against vulnerable individuals.
Jordan Neely’s father, Andre Zachary, has since filed a civil lawsuit against Penny in New York Supreme Court. The suit alleges negligence, assault and battery, seeking damages exceeding the jurisdictional limits of lower courts.
“We are still seeking justice for Jordan,” Zachary said.
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