On Dec. 9, following four days of deliberations, and the review of extensive evidence including video footage, and expert testimony, to weigh the charges of second-degree manslaughter and criminally negligent homicide lodged against Daniel Penny for the subway chokehold death of Jordan Neely, the jury determined that they were unable to convict Penny.
In May, 2023 Jordan Neely entered a subway car on the F train in New York City and proceeded to threaten the other passengers.
Neely, a known subway predator, drug addict, and convicted criminal who had served time for punching an elderly woman in the face, barked at the other passengers, “Someone is going to die today.”
At this point, one of the passengers, Daniel Penny, stepped in, wrestling Neely to the ground and placing him in an arm restraint, or chokehold, until the police could arrive.
Neely, who was under the influence of a potent synthetic cannabinoid K2 at the time, subsequently died.
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His death sparked more than a year of court proceedings and heated debates about vigilantism, mental illness and subway safety in the Big Apple.
On Dec. 6 the jury informed the judge, Max Wiley, that they were deadlocked and unable to come to a unanimous decision, circumstances that typically would have resulted in a mistrial.
Wiley, however, then made an unusual move, dismissing the more serious charge of second-degree manslaughter, and sending the jury back to deliberate on the lesser charge of criminally negligent homicide.
The following Monday the jury found that they could not convict Penny of this charge as well, clearing him of all charges.
Inside the courtroom, Penny’s supporters cheered when the verdict was read, prompting Neely’s father, Andre Zachery, to become angry after which officers were forced to remove him from the courtroom.
Penny’s lawyer, Thomas Kenniff, said that his client was “elated” to “finally not to be living under the weight of false accusations and having his honor diminished by this misguided indictment.”
“Justice has finally been served, and Danny has gotten the acquittal that he knew was coming the last 18 months,” Kenniff said.
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Jury deadlocked
The jury, which consisted of seven women and five men, heard from more than 40 witnesses throughout the trial and made several requests during deliberations; from asking to review testimony from the city’s medical examiner, to footage of the encounter, to help with defining various legal definitions.
Throughout the trial the prosecution referred to Penny as “the white man” and attempted to portray him as someone who, while acting out of good intent, crossed the line into criminality by restraining Neely for too long after passengers had fled to safety.
Penny’s defense portrayed him as a good Samaritan who was being unfairly punished for his acts of bravery and that Neely’s death was more a result of his poor mental and physical health, and long history of drug use.
In order to convict Penny of manslaughter, the prosecution would have had to prove that he unjustifiably created a grave risk to Neely’s life and had deliberately disregarded Neely’s safety while subduing him.
To convict Penny on the lesser charge of criminally negligent homicide the prosecution was required to prove that Penny created a grave risk that he failed to perceive.
The prosecution failed to prove both of these scenarios and subsequently Penny was freed.
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‘Jordan should not have had to die’
New York City Mayor, Eric Adams, during his weekly press briefing said the city’s failure to provide adequate mental health services for Neely was to blame for his death, saying, “Jordan should not have had to die.”
“I strongly believe, as I’ve been stating, probably from day one, we have a mental health system that is broken. When you have someone repeatedly going through that system, that’s a signature of failure,” Adams said.
During the trial, the areas around the courthouse were regularly filled with protestors, some advocating for Penny, while others with Black Lives Matter (BLM) rallied in support of the prosecution and Neely.
Walter “Hawk” Newsome, a BLM leader, issued a disturbing warning following Penny’s acquittal, calling for “black vigilantes” to take action in the face of what he claims is systemic racial injustice.
“Everybody else has vigilantes. We need some black vigilantes,” Newsome said.
While there have been a number of calls to action, and even incitement to riot, protests following Penny’s acquittal have been relatively small.
Past presidential candidate and soon to be cohead of Trump’s Department of Government Efficiency (DODGE) Vivek Ramaswamy took to X, posting, “In 2015, Jordan Neely kidnapped a 7 year old girl. In 2019 Jordan Neely punched a 64 year old man in the face. In 2021, Jordan Neely slugged a 67 year old woman in the face as she exited the subway, breaking her nose and fracturing her orbital bone. Neely was arrested 44 times, but never faced real justice for terrorizing New Yorkers.”
