Jury finds Daniel Penny not guilty in NYC subway chokehold case

A Manhattan jury on Monday found Daniel Penny not guilty of criminally negligent homicide in the death of Jordan Neely — concluding a high-profile case that has divided the city on its approach to homelessness, mental health and public safety.

The verdict comes after Justice Maxwell Wiley dismissed the top charge against Penny, manslaughter, on Friday after jurors told the judge they could not agree on whether to convict. Jurors then began deliberating on the lesser charge, which could have landed Penny in prison for up to four years if he was convicted.

The trial, which began in late October, focused on whether Penny caused Neely’s death in May 2023 by holding him in a chokehold on a subway train for as long as he did — and whether his actions were justified. Penny had pleaded not guilty to second-degree manslaughter, or causing someone’s death even if one doesn't intend to, and criminally negligent homicide, or causing someone’s death by acting recklessly or carelessly. Manslaughter carries a maximum sentence of 15 years in prison, while criminally negligent homicide carries a maximum of four years in prison.

Witnesses to the incident said at the trial that Neely, a former Michael Jackson impersonator who had schizophrenia, started yelling threats after he boarded the train. Penny, a former Marine, held Neely in a chokehold on the floor of the train for about six minutes, according to evidence presented during the proceedings. Neely was pronounced dead soon after.

Prosecutors argued Penny went “way too far” and held onto Neely’s neck for longer than he needed to, killing him. Penny’s attorneys said he was trying to protect himself and his fellow passengers, and argued that Penny’s actions may not have directly caused Neely’s death.

Cheers and shouts broke out in the courtroom on Monday as the jury announced its verdict of not guilty on the remaining charge of criminally negligent homicide. Neely’s father, Andre Zachery, was escorted out of the room after raising his voice following the verdict. Soon, more shouting broke out in the room as people upset at the verdict began calling the court racist.

In a hallway outside the courtroom, some people cried and wailed as they left the building following the news. Chivona Newsome, a cofounder of the New York Black Lives Matter chapter, said the trial’s outcome underscored racial inequality in the criminal justice system.

“That’s what happened here in America today, that no matter the facts, no matter the evidence, a white man can sneak [up] on a Black man from behind and murder him in a 6-minute video,” Newsome said.

Donte Mills, an attorney for Neely’s family, spoke outside the courthouse alongside Zachery and others after the decision. Mills said the family was “devastated” by the verdict.

“Over and over again, we keep coming to the system, asking the system to let us know that our lives have value,” he said. “Jordan Neely was choked to death by someone who didn’t care people was telling him to stop. … The jury in this case let us down.”

He added that the family would continue with a civil lawsuit it filed against Penny last week.

Zachery, speaking in a low voice, said the news “really, really hurts.”

“What are we gonna do, people?” he said. “What’s gonna happen to us now? I’ve had enough of this. The system is rigged.”

Even before the verdict came down, protesters outside the courthouse were shouting, “justice for Jordan Neely.” The chant could be heard by people inside the 13th floor courtroom. Penny’s lawyers asked for a mistrial on Monday morning, saying jurors could hear the protests outside while they were deliberating. Wiley denied that request.

According to Penny’s lawyers, protesters called Penny a “murderer” and “subway strangler,” and chanted threats of violence against the jury, which has been deliberating since last Tuesday. Both the judge and prosecutors disagreed, saying there were protests both for and against Penny.

“There were no threats to the jury,” said Dafna Yoran, the lead prosecutor for the Manhattan district attorney’s office. “This is a two-way street.”

Two members of the public — a man and a woman — were ejected from the courtroom after being caught recording the proceedings.

In a statement after the verdict, Manhattan District Attorney Alvin Bragg said he respected the jury’s decision and process.

“Their lengthy deliberation — and the totality of the facts and the evidence — underscored why this case was put in front of a jury of Mr. Penny’s peers,” said Bragg. “Unfortunately, over the duration of this trial, talented career prosecutors and their family members were besieged with hate and threats — on social media, by phone and over email. Simply put, this is unacceptable, and everyone, no matter your opinion on this case, should condemn it.”

By Monday afternoon, multiple NYPD officers were stationed at the Broadway-Lafayette Street station in SoHo where Penny put Neely in a chokehold on the train. Some of the officers said they were dispatched to the station without many details.

Mayor Eric Adams said at a press conference on Monday afternoon that he respected the jury’s verdict, adding that Neely’s death showed the failings of the city’s mental health system. He said Neely “should not have had to die” and that the city needed help from local and state lawmakers with reforms.

The fatal encounter between Penny and Neely was captured on video by another train passenger and was widely viewed and shared after Neely’s death — sparking polarized reactions from people across the country. Some, including conservative lawmakers and celebrities, cast Penny as a hero and donated more than $3 million to his legal defense fund. Others condemned him as a vigilante and flooded subway platforms to protest his actions.

This is a developing story and has been updated. Catalina Gonella and Elizabeth Kim contributed reporting.