A 26-year-old man has been acquitted of murder for putting an unarmed homeless man in a fatal chokehold. That case sparked weeks of protests and reignited debates about public safety, mental illness and race.

Jurors deliberated for five days before finding Daniel Penny not guilty beyond a reasonable doubt in the death of 30-year-old Jordan Neely on a New York subway on May 1, 2023.

The verdict comes after prosecutors agreed Friday to drop a more serious charge of second-degree manslaughter because jurors could not agree.

The move allowed jurors to consider the second, lesser charge of involuntary manslaughter.

The verdict, announced Monday, was met with widespread applause in the Manhattan courthouse. Mr. Penny – who served four years in the Marines before studying architecture – appeared to smile as his lawyers hugged each other.

“We couldn’t be more pleased that a jury of Danny’s peers cleared him of any wrongdoing,” his lawyers said in a statement afterwards.

“New Yorkers can take comfort in knowing that we can continue to advocate for each other without sacrificing our rights or freedoms.”

Neely’s father, Andre Zachery, was removed from court for shouting after the verdict. Cries of “no justice, no peace” could be heard outside.

“It hurts. It really, really hurts,” Mr Zachery told the court. “What happens to us now? I’ve had enough of this.”

Neely’s death sparked protests across the city and reignited debates about the safety of public transportation and how the city cares for people struggling with mental health issues and homelessness. Some also highlighted the issue of race – Neely was black; Mr. Penny is white.

“Jordan Neely was murdered,” New York Congresswoman Alexandria Ocasio-Cortez, a left-wing Democrat, wrote on X at the time of his death, adding: “He was homeless and crying for food at a time when the city is raising rents .” and stripping services”.

But many conservatives defended Mr. Penny’s actions, saying he intervened to ensure the public’s safety.

On Monday, Vice President-elect JD Vance wrote on

“Thank God justice has been served in this case,” he said.

Last spring, witnesses reported that Neely — who suffered from severe mental illness — began yelling at other subway passengers, asking for money and screaming that he was hungry and wanted to go back to prison.

A woman on the train said Neely made lunge movements that frightened her so much that she shielded her young child from him.

Prosecutors said Mr. Penny placed Neely in a chokehold for six minutes, squeezing his neck even after he stopped moving.

They argued that Mr Penny acted “recklessly” by holding Neely for several minutes even after he lost consciousness.

“He’s dying,” an unseen bystander said in a passenger’s video. “Let him go!”

Mr. Penny’s legal team argued that he only intervened after Neely began threatening passengers. They also cited testimony from a forensic pathologist who said Neely could have died from other factors.

A medical examiner ruled Neely’s cause of death was neck compression.

Neely was a Michael Jackson impersonator who performed in Times Square. He has already had dozens of arrests for tax evasion, theft and assaulting three women.

Family members say his mental health problems began more than 15 years ago when his mother was strangled and stuffed in a suitcase by her boyfriend.

In a statement released Monday afternoon, the Neely family’s attorney, Donte Mills, said they were “devastated.”

“Everyone is important. Even if you are homeless, have mental health issues or have an addiction – you matter,” Mr Mills said.

“This ruling says something different. Daniel Penny got away with murder.”

The involuntary manslaughter charge against Mr. Penny would carry a maximum sentence of 15 years, while the involuntary manslaughter charge carries a maximum sentence of four years.