A Manhattan jury has acquitted Daniel Penny Monday of charges in the May 2023 suffocation death of homeless Subway actor Jordan Neely.

The jury returned a not guilty verdict of involuntary manslaughter in the case on December 9th after deliberating for almost a week. The panel was deadlocked on the manslaughter charge, which prevented the jury from considering the lesser manslaughter charge. On Friday, Judge Maxwell Wiley dismissed that charge after prosecutors asked that the charges be dropped.

In the end, the jury — made up of seven women and five men — concluded that Penny, a Marine veteran, was not criminally responsible for the death of homeless Subway actress Neely.

In a viral video, Penny Neely is seen choking aboard an F train at the Broadway-Lafayette Street station in NoHo on May 1, 2023. Penny claimed he acted in defense after Neely became disruptive and threatened other passengers on board the train. Neely died from his injuries.

Tensions were high outside a Manhattan courthouse throughout the morning as deliberations reached their climax. Just minutes before Penny herself arrived, protesters on both sides of the argument nearly came to blows outside 100 Center St.

This is a developing story; Check back with amNY.com later for more updates.