A Manhattan jury has acquitted Daniel Penny, a Marine veteran, of criminally negligent homicide in a trial involving the chokehold death of Jordan Neely, a homeless man according to The Hill.
On a typical day in the New York City subway, Daniel Penny, 26, found himself at the center of a high-tension situation. Jordan Neely, a homeless man with a violent history, was visibly distressed, shouting about his acute hunger, thirst, and suicidal thoughts.
Attempting to manage the situation, Penny applied a chokehold to Neely after Neely continued to be violent and threatening toward the people around him.
This act was intended to subdue Neely but tragically led to his death. Following the incident, Penny was taken into custody and later released.
In June 2023, the case took a legal turn as a grand jury indicted Penny, initially charging him with manslaughter.
This charge pointed to a potential 15-year prison term. However, the case's complexity deepened as the Manhattan jury began deliberations.
During the trial, the court dismissed the manslaughter charge after the jurors could not achieve a unanimous decision. The focus then shifted to the lesser charge of criminally negligent homicide, which still carried a significant penalty of up to four years.
Penny’s defense team argued vigorously. They claimed that Penny was acting in self-defense and protecting fellow subway passengers. Furthermore, they challenged the chief medical examiner's conclusion about the cause of Neely's death.
Instead, the defense presented a multifaceted alternative cause including Neely's pre-existing sickle cell trait, a schizophrenic episode, and his use of synthetic marijuana.
On Monday, as the jury reached its verdict, the court resonated with applause, signaling the jury's decision to acquit Penny of the criminally negligent homicide charge. This moment marked a pivotal climax in the emotionally charged courtroom atmosphere.
The reaction to the verdict was mixed, with intense emotions on display. Andre Zachary, Neely’s father, vocally expressed his anguish and discord immediately following the announcement. His reaction was such that he had to be escorted from the courtroom.
In pursuit of justice, Zachary has filed a civil suit against Penny, alleging negligence, assault, and battery.
This lawsuit seeks to obtain substantial damages, a figure purportedly beyond the jurisdictional limits of lower courts.
This case has stirred public and legal discourse on the appropriate measures of self-defense, particularly in highly stressful, public scenarios.
The prosecution criticized Penny's actions as excessive, stating that Penny could have restrained Neely without resorting to a fatal chokehold and remarked on Penny's apparent lack of remorse.
As the courtroom and public mull over the details and implications of the case, the legal community and activists alike watch closely. The outcomes of both the criminal case and the impending civil lawsuit will likely influence public policy and societal norms around such interventions in the future.