Daniel Penny Verdict: Former Marine Cleared in High-Profile NYC Subway Death Case

Breaking Verdict in Controversial NYC Case

Daniel Penny has been found not guilty of criminally negligent homicide in the death of Jordan Neely. The verdict came after more than 24 hours of deliberation spread across five days.

The Incident and Its Impact

The case stemmed from a May 1, 2023 incident when Penny, a 24-year-old white Marine Corps veteran, put Jordan Neely, a 30-year-old Black homeless man, in a chokehold on the New York City Subway. Neely had boarded the car and reportedly began threatening passengers. Penny approached from behind to apply the chokehold, maintaining it until Neely went limp.

The case has captured national attention, putting a spotlight on critical issues including homelessness, severe mental illness, public safety, and race.

Courtroom Reaction and Aftermath

The verdict announcement sparked immediate reactions in the courtroom, with a mix of cheers and jeers. Neely’s father, Andre Zachery, expressed his anger and was forcibly removed from the courtroom, while others in the gallery shouted and some broke down in tears.

While the criminal case has concluded, Penny still faces a civil lawsuit from Neely’s father, who accuses him of assault, battery and causing Neely’s death due to “negligence, carelessness and recklessness.”

Broader Implications

The case has highlighted significant gaps in New York City’s mental health crisis response. For decades, institutionalization has been replaced by outpatient alternatives that haven’t proven especially effective for many people, nor kept pace with demand. In response, the Adams administration is working to more assertively engage people in distress and bring them in for psychiatric evaluations and treatment.

The case reflects a broader trend in American society, as data shows the number of justified killings by civilians has increased 65% from 2010 to 2023, with civilian justifiable homicides surpassing those by law enforcement officers by 2019.