new York
CNN
—

A Manhattan jury on Monday found Daniel Penny not guilty of involuntary manslaughter in the killing of Jordan Neely on a New York City subway train last year.

Penny also previously faced a more serious charge of second-degree manslaughter, but Judge Maxwell Wiley dismissed the charge Friday at the prosecutor’s request after jurors twice told the court they could not reach a verdict on that charge.

Penny, a 26-year-old former Marine, would have faced up to four years in prison for involuntary manslaughter and up to 15 years in prison for manslaughter.

There was applause in the courtroom when the verdict of acquittal was read out. Penny looked into the eyes of the jury members who had acquitted him and nodded gratefully. A smile was visible on his face.

Neely’s father, who was present in the courtroom for the sentencing, was escorted from the courtroom after an audible outburst of profanity.

The jury deliberated on the charge of negligent homicide for just over an hour. They deliberated on the second-degree manslaughter charge for 16 hours before telling the judge they were deadlocked, and another three hours before saying they were deadlocked again.

The case stems from the death of Neely, a 30-year-old street performer who struggled with homelessness, mental illness and drugs. in a subway car on May 1, 2023.

Neely got into the subway car and began acting erratically, throwing down his jacket and yelling at passengers that he was hungry and thirsty and didn’t care if he died, witnesses said. Penny, a passenger, grabbed Neely from behind in a chokehold, forced him to the train floor and held him there for several minutes. When Penny let go of the hold, Neely didn’t react. He was later pronounced dead.

Several minutes of the chokehold were captured on bystander video, which was widely circulated and played repeatedly in court during the trial.

The case has polarized city residents, many of whom have personal experience with subway unrest, and raised far-reaching questions about mental health, race relations and the line between protector and vigilante. Black Lives Matter protesters have added Neely’s name to the list of victims — including right outside the courthouse — while others have praised Penny for trying to protect others.

Prosecutors said Penny acted recklessly and negligently by keeping Neely in a chokehold for so long, even after Neely stopped moving. “We are here today because the defendant used far too much violence for far too long and far too recklessly,” said prosecutor Dafna Yoran in her closing statement.

His defense said he acted to protect others from a threat.

“I wasn’t trying to hurt him,” Penny said in an interview with NYPD investigators shortly after the incident. “I’m just trying to stop him from hurting anyone else. He threatened.”

They have also disputed the coroner’s finding that Neely died from the chokehold, claiming the charges were brought because of “a rush to judgment based on something other than medical science.”

The trial began with jury selection in late October and included testimony, video recordings and 911 calls from subway drivers, responding police officers and martial arts and medical experts.

Prosecutors called more than 30 witnesses to the stand, including a man who helped hold Neely’s arms during the fight and testified that he advised Penny to loosen his grip. “I’m going to grab his hands so you can let go,” Eric Gonzalez said he told Penny.

However, in video footage of the incident, Gonzalez could be told that Penny did not “squeeze” Neely’s neck in the 51 seconds before he released the chokehold. Gonzalez also testified that he initially lied to investigators about what he saw and did on the subway out of fear that he would be “held” for the murder. He testified that prosecutors had promised not to charge him in the case.

Additionally, the Marine Corps martial arts expert who trained Penny in chokeholds testified that Penny was aware that the chokeholds could be fatal.

Several subway riders testified that they were terrified that Neely would attack, and they were relieved when Penny put him in a chokehold and held him there.

“Holding him for the moment was a relief, but if he had gotten up, he would have done what he did,” said subway driver Caedryn Schrunk.

The defense’s case focused on highlighting Neely’s threatening behavior, character witnesses from Penny’s time in the U.S. Marines and challenges to the medical cause of Neely’s death.

Penny served as a sergeant in the Marines for four years, from 2017 to 2021, with his most recent deployment to Camp Lejeune in North Carolina, military records show.

The city medical examiner who performed Neely’s autopsy and testified for the prosecution concluded that the cause of death was “neck compression (stranglehold).” She made the decision after conducting an autopsy She testified that she watched the cell phone video on the subway but didn’t wait for the toxicology report.

The defense presented its own medical expert who said Neely died from a combination of factors, including a sickle crisis related to his sickle cell anemia, a schizophrenic episode, fighting and being restrained by Penny, and K2 poisoning.

Separately, Neely’s father filed suit in New York Supreme Court on Wednesday, accusing Penny of assault, battery and causing Neely’s death. Andre Zachery, who is listed as the executor of Neely’s estate, accused Penny of causing the death “through negligence, carelessness and recklessness.” The lawsuit does not specify how much money the family is seeking.

Penny’s defense attorney, Thomas Kenniff, did not respond to a request for comment on the lawsuit.