NEW YORK CITY – Daniel Penny, a Marine veteran who used a fatal chokehold on homeless man Jordan Neely on the New York subway last year, was found not guilty in a verdict after days of jury deliberations and courtroom back-and-forth.

Penny was acquitted of involuntary manslaughter in Neely’s death. A more serious charge of involuntary manslaughter was dismissed earlier in deliberations because the jury was deadlocked on the matter.

This case has divided the city and county and has become a prism for differing views on public safety, bravery and vigilantism.

What happened on May 1, 2023?

On May 1, 2023, Penny had left class and boarded an uptown F train in Manhattan to go to the gym. Jordan Neely was aboard the train, and witnesses said he yelled that he needed food and something to drink before throwing his jacket to the ground and starting screaming. They differed in describing his movements and whether they were threatening.

Penny entered and approached Neely from behind. With the help of two other passengers, Penny pinned Neely to the ground and held him in a chokehold until Neely’s body went limp and he lost consciousness. The coroner’s office ruled the death a homicide caused by compression of the neck.

The train stopped at the Broadway-Lafayette Street station in Manhattan and allowed passengers to disembark, but Penny wouldn’t let go.

Both prosecutors and the defense agreed that Penny had the right to intervene, but argued that Penny used too much force against an unarmed man.

What did the prosecutors say?

Prosecutor Yoran told jurors at the start of the arraignment last week that Penny used too much force on Neely for too long, holding him in a chokehold for nearly six minutes. Prosecutors argued that he could have released Neely after passengers got off the train at the station once he no longer posed a threat to others.

What did the defense say?

Defense attorney Steven Raiser said Penny acted to protect subway riders from threatening behavior. They argued that Penny held Neely until police arrived so they could take him into custody. They also claim that the chokehold did not kill Penny, but that schizophrenia, synthetic marijuana use and sickle cell anemia led to his death.

Who is Daniel Penny?

Daniel Penny is a U.S. Marine Corps veteran from West Islip, Long Island. He served in the Marines for four years and was discharged in 2021.

At the time of Neely’s death, Penny was studying architecture.

Who was Jordan Neely?

Jordan Neely was once one of the city’s subway and street artists and was known for his Michael Jackson impersonations. But after his mother was violently killed as a teenager, Neely was diagnosed with depression and schizophrenia, was repeatedly hospitalized, struggled with substance abuse and had a criminal record that included assault convictions.

What happened during the trial?

During the trial, the jury heard testimony from subway passengers who witnessed Penny’s roughly six-minute arrest of Neely, as well as police officers who responded, pathologists, a psychiatric expert, a Marine Corps instructor who taught Penny chokehold techniques, and Penny’s relatives, friends and fellow Marines. Penny chose not to testify.

Jurors viewed videos captured by bystanders and police body cameras and saw Penny explain his actions to officers at the scene and later in the police department interview room.

Timeline of events

May 1, 2023: Daniel Penny puts Jordan Neely in a fatal chokehold.

May 10, 2023: New York City Mayor Eric Adams said the death of Jordan Neely at the hands of a subway rider was “a tragedy that should never have happened” and vowed to do more to help people in mental health crises help.

May 11, 2023: Penny turns herself in to the Manhattan District Attorney’s Office.

May 20, 2023: Republican presidential candidates line up to support Penny.

June 15, 2023: A grand jury indicted Penny.

June 28, 2023: Penny pleaded not guilty to second-degree manslaughter and involuntary manslaughter during his arraignment.

January 17, 2024: A judge declined to dismiss the case against Penny.

Oct 21, 2024: Jury selection begins.

November 1, 2024: The jury has heard the opening statements of the trial.

December 2, 2024: Closing arguments begin.