In a verdict that polarized observers, Daniel Penny has been acquitted of charges relating to the subway chokehold death of Jordan Neely. After more than 24 hours spread over five days of deliberations, the decision was finally announced, sparking both cheers and jeers in the courtroom. ABC 7 New York reported on the mix of reactions following the reading of the verdict.
"It's a small world buddy," one man shouted, while another declared, "No justice in this racist f***ing country." Neely's father expressed his pain and frustration, "I just want to say, I miss my son, my son didn't have to go through this, I didn't have to go through this either, it hurts, really really hurts, what are we going to do people? What's going to happen to us now?" he told ABC 7 New York in an emotional statement. Meanwhile, Daniel Penny faced a mixture of jeers and nods of approval as he made his exit with a momentary smile before reverting back to a more somber demeanor.
Prior to the trial's conclusion, a juror deadlock on a second degree manslaughter charge led to its dismissal by Judge Maxwell Wiley—the charge indicated a reckless and gross deviation from how an average person would behave. The jury was left to consider the lesser charge of criminally negligent homicide, which required proof of blameworthy conduct that the defendant did not perceive would produce such risk, as detailed by ABC 7 New York.
The context of Neely's encounter with Penny was a complex one, painted across the canvases of race, mental health, and perceived public safety. Neely, who was Black, suffered from schizophrenia and previous bouts of homelessness. On the fateful day of May 1, 2023, Penny encountered him on a subway making alarming remarks and ultimately held him in a chokehold that lasted for about six minutes. Penny, a White former Marine, claimed self-defense, arguing that he was protecting the passengers from Neely, according to a report by NBC New York.
The case has stirred strong sentiments on both sides, with high-profile politicians from differing parties offering conflicting narratives. Republicans touted Penny as a hero, while Democrats grieved publicly with Neely's family. It has highlighted the intersecting issues that plague the city: racial tensions, the treatment of mental illness, and the dynamics of urban living. Amidst a climate of division, Andre Zachary, Neely's father, has filed a lawsuit against Penny for wrongful death, promising a continuation of the painful debate that has surrounded this tragedy.
