Former Marine Daniel Penny Acquitted in Chokehold Death of Jordan Neely

In a case that has gripped New York City and the nation for several months, former Marine Daniel Penny was acquitted of criminally negligent homicide in the death of Jordan Neely, a 30-year-old homeless man, following a subway altercation in May 2023. The incident, captured on video, ignited intense debates over public safety, mental health, race, and the boundaries of self-defense.

The Incident

On May 1, 2023, Jordan Neely boarded the F train at the Second Avenue station. Witnesses said Neely removed his jacket, threw it to the ground violently, and made alarming remarks. Neely reportedly said repeatedly, “I don’t have food, I don’t have a drink, I’m fed up. I don’t mind going to jail and getting life in prison. I’m ready to die”. One witness heard Neely say, “Someone is going to die today.” 

While no physical assaults occurred, his behavior left some passengers feeling threatened.

In response, Daniel Penny, a former Marine, approached Neely from behind and placed him in a chokehold. With the assistance of two other passengers, Penny restrained Neely on the ground, holding the chokehold for nearly six minutes. Neely eventually lost consciousness and was later pronounced dead. The medical examiner ruled his death a homicide caused by compression of the neck. Penny was initially questioned by police and released without charges.

Legal Proceedings

Daniel Penny was charged with second-degree manslaughter and criminally negligent homicide 10 days after the incident with Jordan Neely. This was only after Neely’s death sparked widespread protests across New York City. The public outcry likely played a significant role in the prosecutor’s decision to press charges.  He was released on $100,000 bail after turning himself in. Later, on June 15, 2023, a grand jury indicted Penny, and on June 28, 2023, he pleaded not guilty to second-degree manslaughter and criminally negligent homicide during his arraignment.  

Penny’s trial began in late October 2024 with jury selection. During the case, over 30 witnesses testified, including subway passengers, police officers, and experts in martial arts and medicine. Video footage and 911 calls from the incident were also presented as evidence. The prosecution argued that Penny used excessive force by holding Jordan Neely in a chokehold for nearly six minutes, while the defense claimed Penny acted to protect other passengers and that Neely’s death was due to other factors.

After over 24 hours of deliberations across five days, the jury deadlocked on the manslaughter charge, which was dismissed at the prosecution’s request. On December 9, 2024, the jury found Penny not guilty of the remaining charge of criminally negligent homicide.

Public Reaction to the Verdict

Not surprisingly, the verdict in the Daniel Penny trial sparked intense reactions across New York and the nation, highlighting deep divisions. Many conservative figures and Republican politicians praised the jury’s decision. Florida Governor Ron DeSantis called it “just and correct,” former Mayor Rudy Giuliani referred to Penny as a hero, and Vice President J.D. Vance criticized the decision to prosecute Penny.

On the other hand, civil rights advocates and many on the left expressed concern. The New York Working Families Party described Neely’s death as “a modern-day lynching,” while Public Advocate Jumaane Williams emphasized the racial and socioeconomic issues involved. Some protesters saw the verdict as endorsing vigilantism against vulnerable populations.

The courtroom erupted in mixed reactions when the verdict was announced, with both cheers and jeers. Neely’s father expressed anger and was escorted out of the courtroom. Social media mirrored this division, with supporters of the acquittal more vocal on platforms like Twitter/X, while skepticism of the verdict was more common on BlueSky and Threads. The case reignited debates on homelessness, mental illness, public safety, and racial justice, with legal experts noting it tapped into broader societal concerns about these complex issues.

Broader Implications and Reality Check

The Daniel Penny verdict and the reaction to it have several broad implications for society.

First off let me begin by saying that if I were in Penny’s shoes, I would have likely done the same thing. Military members tend to be protectors by nature. That doesn’t end when we get our DD214. In service, we’re taught that we are there to defend people who cannot defend themselves.

Put yourself on that subway car. There were women and children on the car with Penny and Neely. A mother was on the train with her five-year-old child. She would later testify in court that Neely was “very erratic and unpredictable” and that she used her stroller to create a barrier in front of her son. Neely was loud and threatening. At the time, no one knew he had a prior history of violence against subway riders and pedestrians. In 2021, he attacked a 67-year-old woman exiting the Bowery station. Neely broke her nose, fractured orbital bones in her face, and gave her head injuries. There were two other similar cases in the two years leading up to 2021.

In one, he punched a woman in the face; in the other, he assaulted a 68-year-old man at West 4th Street Station. Neely ended up breaking that man’s nose.

Back to the train, this is why we protect those weaker than us. We don’t know what that random crazy person is capable of. Are they on PCP? Do they have a knife or gun? All unknowns. Penny acted to mitigate the threat. He never intended to kill the man, only to reduce the likelihood that he would harm others. This used to be called “doing your civic duty.” In my humble opinion, he should have never been arrested.

We do not want citizens to be afraid to take action when those actions can help others. This is why, in many jurisdictions, Good Samaritan laws have been put into place. They are to encourage assistance. The primary purpose is to allow people to help others in emergency situations without fear of legal repercussions.

A Personal Anecdote

Allow me a few seconds of my time to relay a personal anecdote: A couple of years ago, I was shopping fairly late at night in a local Walmart store. This particular store was known to be frequented by meth heads more than occasionally. It was common knowledge that they would steal as much as they could and either sell it, use it for their own needs, or try to return it for cash. Anyway, there were not many people in the store, and I noticed a man a little younger than me and he had an annoyed look on his face. When we made eye contact, he said, “There is a guy headed our way with a huge duffle bag full of stuff that he just stole. I told the people who work here, and they don’t give a shit.”

“Ok,” I said to the man. “I’ll keep an eye out for him.”

I went on my merry way looking for the Alka Seltzer or whatever I was there for, and before long, I saw a skinny guy in his 20s carrying a backpack larger than he was. It was comically overstuffed with goods, and he was adding more. It was like he was some kind of perverse Santa Claus with a sack full of goodies and lantern fuel. He was trying to be sneaky, and he saw me staring at him.  I realized that his ripping off that shit made prices higher for honest people like me.

The probable tweaker made his way down an aisle toward a door, and I walked toward him a bit to block off that aisle. He took another route, and I did the same. He started to look a bit unhappy. This is when I caught the attention of a store employee, did my civic duty of pointing out the thief, and asked what would be done about it. She replied, “Nothing; we’re supposed to just let them take it.”

“WTF?” I thought to myself. No wonder they were robbed blind almost every night. I wasn’t about to step in when the employees were told to stand down. I quit watching the guy, and he scurried out of the store like a rat. I still had my cart of goods, though. “Hey,” I said to the employee who had just told me the store policy. “Is it OK if I just take all this stuff?”

“Of course not.”, she replied, not seeing the obvious irony of the situation. So, I paid for my goods like the upstanding citizen I am and headed home.

A while back I shared this story on Quora, an internet question and answer website. Most people ripped me up one side and down the other in the comments. They called me stupid and reckless and told me I could have gotten myself hurt. What do I care if this huge corporation gets ripped off, they said?

My point: I was brought up to believe that right is right. Stealing is not right. This is why we have laws against it. Standing by and doing nothing on a busy subway car when there are women and children present and a guy is acting crazy and threatening to hurt people isn’t right either. Daniel Penny was forced into action. He wasn’t looking for a fight. I’ll bet you he would have much rather had a peaceful, uneventful ride to wherever he was going. But that’s not what fate had in store for him that day.

Conclusion

The acquittal of Daniel Penny in the death of Jordan Neely has deepened existing divisions over public safety, mental health, and the appropriate use of force. As New York City (and the rest of America) grapples with these complex issues, the Penny case reminds us of the challenges of balancing individual actions with broader societal responsibilities.

Out of curiosity, what would you have done if you were in Penny’s shoes? Let me know in the comments. Thanks.