In a significant trial outcome, Daniel Penny has been acquitted by a Manhattan jury of criminally negligent homicide in the death of 30-year-old Jordan Neely. The decision, reached on Monday, followed a prolonged deliberation period that spanned over 24 hours across five days.

Penny, a 26-year-old former Marine, faced scrutiny after fatally choking Neely, a well-known subway performer, during an incident on May 1, 2023, where Neely was reported to have displayed erratic behavior and made alarming statements while on the train. Witnesses recounted that Neely had been expressing feelings of hunger and despair.
Following the verdict, Andre Zachary, Neely’s father, expressed his strong disagreement with the jury’s decision outside the courthouse. He stated,
“I’ve had enough of this. The system is rigged. Come on people, let’s do something about this.”
Zachary emotionally recounted,
“I just want to say, I miss my son. My son didn’t have to go through this. I didn’t have to go through this either. It hurts, really, really hurts.”
Community Response
The verdict has ignited outrage among community activists and organizations advocating for racial justice. Walter Hawk Newsome of the Black Lives Matter movement joined Zachary in expressing disappointment with the legal process, asserting that
“Just like everybody else seeks justice on their own… We need some black vigilantes.”
Defense Arguments
Throughout the trial, Penny’s defense labeled him a hero, claiming his actions were necessary to protect other passengers. They contended that he was addressing an immediate threat posed by an aggressive Neely. The defense raised doubts about the chokehold being the direct cause of Neely’s death, attributing it to various medical and psychological factors instead.

Conversely, Assistant District Attorney Dafna Yoran argued that Penny disregarded warnings from bystanders regarding the use of excessive force. Yoran asserted,
“We are here today because the defendant used way too much force, for way too long, in way too reckless of a manner.”
She emphasized that Neely’s death could have been avoided.
Conclusion
As protests erupted outside following the verdict, many expressed feelings of fear and anger regarding the implications of this ruling. Zachary voiced his commitment to pursuing justice through civil litigation against Penny. He affirmed,
“I promised this family justice – we are still going to do that.”
The community remains on high alert as the discourse around systemic justice in the United States continues to evolve.


