The veteran used a chokehold against a subway rider to protect himself and other passengers.
On Monday, a Manhattan jury cleared veteran Daniel Penny of criminally negligent homicide in Jordan Neely’s 2023 death on a New York City subway train. A manslaughter charge was dismissed last week when the jury deadlocked on that count.
Penny’s defense attorneys argued that he was protecting himself and other subway passengers against a mentally ill man who put their safety at risk through making alarming remarks and gestures. Manhattan District Attorney Alvin Bragg said prosecutors “followed the facts and the evidence from beginning to end” and respect the verdict.
Penny is a 26-year-old veteran who served four years in the Marines. He went on to study architecture.
Neely, a 30-year-old man, struggled with mental illness after losing his mother. His mother’s boyfriend was convicted of murdering her. Neely was diagnosed with depression and schizophrenia, repeatedly hospitalized, and used the synthetic cannabinoid K2. His medical records state that he knew it negatively affected his thoughts and behavior. The drug was in his system when he died on the subway train.
On the train, Neely threw his jacket onto the floor and said he was hungry and thirsty, and that he did not care if he died or went to jail. According to witnesses that called 911, Neely tried to attack people and indicated that he would harm riders. Several witnesses testified that they were afraid during the events on the subway train.
According to the defense, Neely lurched toward a woman with a stroller and said he “will kill”, and this drove Penny to take action. He put Neely into a chokehold on the ground. Prosecutors said that Penny went overboard by placing Neely in a chokehold for about six minutes. Neely stopped moving for nearly a minute before Penny released him.
While the defense argued that Penny continued to hold Neely because he attempted escaped, the prosecution said that he was fighting for survival.