Daniel Penny found not guilty of negligent homicide over Jordan Neely death

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On Dec. 9, Daniel Penny was found not guilty of negligent homicide in the death of unhoused Black New Yorker Jordan Neely last year. The charge carried a maximum of four years in prison but could have also yielded no prison time, according to the AP. 

“It hurts; it really, really hurts,” said Neely’s father Andre Zachary during a press conference. 

The Office of the Medical Examiner (OCME) had ruled the death a homicide via compression of the neck (chokehold) while Penny’s defense maintained to the jury that other health factors killed Neely. When the trial started on Nov. 1, the top charge was second-degree manslaughter. That charge was dropped on Dec. 6. 

While Penny’s intervention against Neely during a threat-laced outburst on a northbound subway was much discussed, the prosecution focused on Penny’s fatal chokehold on Neely, which they argued was reckless. When police searched Neely for weapons, they only found a muffin. While protesters decried Penny’s violent interference with Neely, who reportedly did not touch anyone, Penny drew more than $3.2 million in donations for his legal fund. 

Both Neely’s and Penny’s backgrounds have been scrutinized since the deadly F train encounter on May 1, 2023. Neely, a prominent Michael Jackson impersonator, experienced serious mental illness and, after his mother’s death, homelessness. Penny, an ex-Marine, was studying architecture and engineering after his service. The incident divided an already tense New York City, which ramped up policing on subway platforms after several violent incidents. 

During an appearance on 710 WOR a little over a week ago, Mayor Eric Adams said Penny’s response was “doing what we should have done as a city in a state of having a mental health facility.” 

According to Adams, “Those passengers were afraid. I’ve been on the subway system. I know what it is as a police officer to wrestle or fight with someone. It is imperative that we look at the totality of this problem.”

Neely was laid to rest on May 19, 2023, with a eulogy delivered by National Action Network founder Rev. Al Sharpton, who held a rally for Neely’s family this past Saturday at the House of Justice in Harlem. Jordan Neely’s uncle, Christopher Neely, talked about how Harlem supported him throughout the trial. He questioned why Penny was not remanded after the city’s history of rampant pre-trial detention in Black communities (Penny was released on $100,000 bail).

“Sitting in the courtroom, it’s real hard — showing all the images of my nephew, seeing the disrespect from the defense attorney,” Christopher Neely said on Dec. 7. 

Manhattan District Attorney Alvin Bragg, whose office prosecuted Penny, pointed to evidence from “medical records, videos, bodycam footage, and testimony from [more than] 30 witnesses.” He also mentioned the four-day deliberation by the jury as why the case reached a trial. “The jury has now spoken. At the Manhattan D.A.’s Office, we deeply respect the jury process and we respect their verdict,” Bragg said.

Bragg also condemned threats against his office’s prosecutors and their families, which he says were received via social media, phone, and email. 

The case is now being contested on the civil front after Zachary recently filed a lawsuit against Penny. 

This story is developing. Please check for updates as it progresses.
Tandy Lau is a Report for America corps member who writes about public safety for the Amsterdam News. Your donation to match our RFA grant helps keep him writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.