Daniel Penny Acquitted in Connection with N.Y.C. Subway Death of Jordan Neely

 Penny was acquitted of criminally negligent homicide after prosecutors dropped manslaughter charges


Daniel Penny, the man charged with killing Jordan Neely on a New York City subway train, was found not guilty of criminally negligent homicide by a Manhattan jury on Monday, Dec. 9.

Penny had also previously been charged with manslaughter, but Judge Maxwell Wiley had agreed to drop the manslaughter charges at the request of the Manhattan District Attorney after the jury was unable to reach a verdict last we.


The jury returned the verdict of not guilty on Monday after spending the morning deliberating the lesser charge of criminally negligent homicide, which carried a potential sentence of four years in prison.

Penny, a White Marine veteran, had been charged in connection with the May 2023 incident that was captured on video.

Footage of the encounter, which made national headlines, shows Penny, who was 24 at the time of the incident, restraining Neely, a Black man who was experiencing homelessness at the time, by the neck on the floor of the subway train in Manhattan, as two other passengers appear to come to Penny's aid.

Neely, 30, had boarded a northbound F train at Second Avenue on May 1, 2023. Manhattan District Attorney Alvin Bragg said that Neely verbally threatened passengers once on board.

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