Daniel Penny acquitted in connection with the death of Jordan Neely on the New York subway

Daniel Penny acquitted in connection with the death of Jordan Neely on the New York subway

Daniel Penny, the man accused of killing Jordan Neely on a New York City subway, was found not guilty of involuntary manslaughter by a jury in Manhattan on Monday, December 9th.

Penny had also previously been charged with manslaughter, but Judge Maxwell Wiley agreed to drop the manslaughter charge at the request of the Manhattan district attorney after the jury failed to reach a verdict last week.

The jury returned a not guilty verdict Monday after spending the morning deliberating on the lesser charge of involuntary manslaughter, which carries a possible sentence of four years in prison.

Penny, a White Marine veteran, was charged in connection with the May 2023 incident, which was captured on video.

Footage of the encounter, which made national headlines, shows Penny, who was 24 at the time of the incident, holding Neely, a black man who was homeless at the time, by the neck on the floor of the Manhattan subway. as two other passengers appear to come to Penny’s aid.

Neely, 30, boarded a northbound F train at Second Avenue on May 1, 2023. Manhattan District Attorney Alvin Bragg said Neely verbally threatened passengers on board.

CNN reported, citing witnesses, that Neely – a well-known Michael Jackson impersonator – said he didn’t care if he went back to prison and complained about being hungry.

Prosecutors say Penny held Neely in a chokehold for several minutes after approaching him from behind, and that Neely’s body eventually stopped moving and he was pronounced dead at a hospital.

The Associated Press reported that prosecutors had argued that Penny was indifferent to Neely’s life and that he continued to hold him even after the train stopped and the doors opened.

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The defense argued that the pressure on Neely’s neck was not applied consistently enough to kill him, the AP reported.

When video of the deadly encounter went viral, it sparked nationwide outrage and led to widespread protests in New York City. The incident sparked national debates about racism, vigilantism and the treatment of the homeless and mentally ill.

Penny could still be held financially responsible for the incident. Neely’s father, Andre Zachery, filed a civil lawsuit against Penny, accusing him of causing his son’s death through “negligence, carelessness and recklessness.”

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