A former US marine who used a chokehold to restrain a homeless man on a New York City subway has been found not guilty over his death.
Daniel Penny, 26, was charged with criminally negligent homicide following the death of 30-year-old Jordan Neely in May 2023.
Video of the incident appeared on social media and heavily split opinion in the US.
Some praised Mr Penny’s decision to subdue an erratic Mr Neely – who had a history of crime and mental illness – while others accused him of vigilantism against an unarmed black man.
Mr Penny insisted he never intended to kill Mr Neely, who he held in a chokehold for nearly six minutes on the floor of a subway train after it arrived at a station.
On Monday, following a trial which started in October, he was cleared of criminally negligent homicide.
A judge had already dismissed a more serious charge of manslaughter in the second degree against Mr Penny after jurors said they could not reach an agreement.
Mr Penny, who did not give evidence during the trial, left the Manhattan courtroom without commenting to the media following the verdict.
Prosecutors from the Manhattan District Attorney’s Office did not dispute that Mr Neely was loud, angry and threatening as he boarded the train, shouting that he was hungry, thirsty and wanted to be sent back to jail.
However, they alleged Mr Penny used deadly force without justification and for far longer than necessary by grabbing Mr Neely from behind with an arm around his neck and bringing him to the floor.
They also alleged that Mr Penny, who served for four years in the marines and went on to study architecture, was warned by people around him about the risks to Mr Neely’s life and intentionally ignored them.
Jordan Neely. Pic: Andrew Savulich/New York Daily News/TNS
Mr Penny’s lawyers said he was protecting himself and other subway passengers from a volatile, mentally ill man who was making alarming remarks and gestures.
They also claimed Mr Penny was acting out of alarm that Mr Neely might hurt a woman and a child he was approaching.
Lawyer Steven Raiser said his client held Mr Neely “until he knew that he was no longer a threat” but did not apply pressure on his airway during the last crucial moments.
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A medical examiner ruled Mr Neely’s cause of death as compression to the neck – though Mr Penny’s lawyers tried to claim that other causes such as drug usage and sickle cell disease may have been a factor.
Mr Neely was a Michael Jackson impersonator who was well known in New York City.
He had an extensive criminal record, with previous arrests on charges such as evading fares, theft and assaults on three women.
Following the verdict, his family lawyer Donte Mills said Penny’s acquittal showed “the system” could not be relied on.
He said: “Everyone who’s pissed off about this verdict, I challenge you to go outside today and help one person, that’s how we beat the system, that’s how we turn this around by being there for one another.”
Mr Neely’s father, Andre Zachery, said following the verdict: “It really, really hurts. I had enough of this. The system is rigged.”
