The jury finds Daniel Penny not guilty in the New York City subway chokehold case

The jury finds Daniel Penny not guilty in the New York City subway chokehold case

A Manhattan jury found Daniel Penny not guilty of involuntary manslaughter in the death of Jordan Neely on Monday – capping a high-profile case that has divided the city over its approach to homelessness, mental health and public safety.

The verdict comes after Judge Maxwell Wiley dismissed Penny’s main charge of manslaughter on Friday after the jury told the judge they could not agree on a conviction. The jury then began deliberating on the lesser charge.

The trial, which began in late October, focused on whether Penny caused Neely’s death by keeping him in a chokehold for so long – and whether his actions were justified.

Witnesses to the May 1, 2023 incident said at the trial that Neely, a former Michael Jackson impersonator who suffered from schizophrenia, began shouting threats after he boarded the train. According to evidence presented during the trial, Penny, a former Marine, held Neely in a chokehold on the subway floor for about six minutes. Neely was pronounced dead soon after.

Prosecutors argued that Penny “went way too far” and held Neely by the neck longer than necessary, killing him. Penny’s lawyers said he was trying to protect himself and his fellow passengers and argued that Penny’s actions may not have directly led to Neely’s death.

On Monday, the courtroom erupted in cheers and cheers as the jury returned its acquittal on the remaining charge of involuntary manslaughter. Neely’s father, Andre Zachery, was escorted from the courtroom after raising his voice following the verdict. Soon more shouting erupted in the room as people angry about the verdict began calling the court racist.

Even before the verdict came down, demonstrators outside the courthouse chanted, “Justice for Jordan Neely.” The chant could be heard by people in the courtroom on the 13th floor. Penny’s lawyers requested a mistrial Monday morning, saying jurors could hear the protests outside as they deliberated. Wiley denied this request.

According to Penny’s lawyers, protesters called Penny a “murderer” and a “subway strangler” and shouted threats of violence against the jury, which has been deliberating since last Tuesday. Both the judge and prosecutors disagreed, saying there were protests both for and against Penny.

“There were no threats toward the jury,” said Dafna Yoran, senior prosecutor in the Manhattan District Attorney’s Office. “It’s a two-way street.”

Two people, a man and a woman, were removed from the courtroom after they were caught recording the proceedings.

In a statement after the verdict, Manhattan District Attorney Alvin Bragg said he respected the jury’s decision and procedure.

“Their lengthy deliberations – and the totality of the facts and evidence – underscored why this case was presented to a jury of Mr. Penny’s peers,” Bragg said. “Unfortunately, talented prosecutors and their family members have been bombarded with hate and threats throughout this trial – on social media, by phone and by email. Simply put, this is unacceptable and everyone, regardless of their opinion on this case, should condemn it.”

The fatal encounter between Penny and Neely was captured on video by another train passenger and was widely seen and shared after Neely’s death – sparking polarized reactions from people across the country. Some, including conservative lawmakers and celebrities, portrayed Penny as a hero and donated more than $3 million to his legal defense fund. Others denounced him as a vigilante and flooded subway platforms to protest his actions.

This is a developing story and will be updated.

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