Daniel Penny Cleared of Wrongdoing in Subway Chokehold Incident [WATCH]

A Manhattan jury on Monday acquitted Marine veteran Daniel Penny of criminal wrongdoing in the chokehold death of Jordan Neely, a case that ignited nationwide debates over public safety, mental health, and self-defense.

#BREAKING: Daniel Penny has been found NOT GUILTY in his New York trial

PENNY IS A FREE MAN!

God is good! pic.twitter.com/ch6GemBACv

— Nick Sortor (@nicksortor) December 9, 2024

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Penny had been charged with criminally negligent homicide, which carried a potential sentence of up to four years in prison.

The jury’s decision followed weeks of emotional testimony from over 40 witnesses, including subway passengers who described feeling terrorized by Neely’s behavior on the crowded uptown F train in May 2023.

Neely, a homeless man with a history of mental illness, died after Penny placed him in a chokehold to subdue what witnesses described as erratic and threatening outbursts.

Penny’s attorneys argued that he acted to protect fellow passengers during a chaotic and frightening situation. “Who do you want on the next train ride with you?” asked defense attorney Steven Raiser during his closing argument.

“The guy with the earbuds minding his own business who you know would be there for you if something happened? Or perhaps you just hope that someone like Jordan Neely does not enter that train when you are all alone.”

Jurors ultimately sided with Penny’s defense, rejecting arguments from prosecutors who alleged that Penny’s actions turned criminal when he continued the chokehold for nearly a minute after Neely appeared to lose consciousness.

Multiple passengers testified about Neely’s behavior before the confrontation.

One witness said Neely ranted about being “willing to die and go to jail,” and another described his outburst as “satanic.” A mother riding the train with her 5-year-old son said she was so frightened by Neely’s behavior that she barricaded her child behind his stroller.

No witnesses reported that Neely physically attacked anyone, and it was revealed during the trial that he was not armed, with police later finding only a muffin in his pocket.

However, his erratic behavior had clearly unsettled those on the train.

The trial also featured conflicting medical testimony.

Dr. Cynthia Harris, a city medical examiner, ruled Neely’s death a homicide caused by the chokehold.

She testified that video evidence showed the moment Neely lost consciousness and emphasized her confidence in her findings, even in light of Neely’s toxicology report indicating the presence of synthetic marijuana.

The defense countered with testimony from forensic pathologist Dr. Satish Chundru, who argued that Neely’s death was the result of multiple factors, including a sickle cell crisis, schizophrenia, and the effects of K2.

Penny did not testify during the trial but told police at the scene and later during questioning that he acted to “de-escalate the situation” and prevent harm to others.

“I’m not trying to kill the guy,” Penny reportedly told detectives. “I’m just trying to keep him from hurting anybody else.”

BREAKING: Daniel Penny found NOT GUILTY of criminally negligent hom*cide.

Praise God.

Jordan Neely’s father was reportedly removed from the courtroom for speaking out. pic.twitter.com/GDiP2SH0if

— Collin Rugg (@CollinRugg) December 9, 2024

Neely’s death and Penny’s subsequent arrest 11 days later sparked heated political debates, with critics questioning whether Penny’s actions were justified and advocates highlighting systemic failures in addressing mental illness and homelessness.

Neely, who had been categorized as an “emotionally disturbed person” in more than two dozen prior police encounters, had fallen through the cracks of the city’s social services.

“This case is about a broken system, a broken system that does not help our mentally ill or our unhoused,” Penny’s attorney Raiser said during closing arguments. “In fact, it is that broken system that led us here.”

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