Daniel Penny, a Marine who choked a fellow subway rider on an uptown F prepare final yr, was acquitted on a cost of criminally negligent murder on Monday, ending a case that had come to exemplify New York Metropolis’s post-pandemic struggles.
The jurors determined that Mr. Penny’s actions weren’t legal when he held the rider, Jordan Neely, in a chokehold as the 2 males struggled on the ground of a subway automobile on Could 1, 2023. Mr. Neely, who was homeless and had a historical past of psychological sickness, had strode via the subway automobile that afternoon, yelling at passengers and scary them, in accordance with witnesses.
CBS Information New York’s Alice Gainer was contained in the courtroom, the place she reported chaos unfolded after the decision was introduced. Some cheered in assist of Penny, whereas Neely’s father needed to go away the room as a result of he stood up and was swearing.
“Our name to motion is to maintain one another. We will’t depend on outdoors folks. If we see somebody asking for meals, now we have to take the duty to provide it to them. If we see somebody chilly, to provide them a coat. If we see somebody going via one thing, to ask them in the event that they’re OK,” Donte Mills, legal professional for the Neely household, mentioned in a information convention outdoors the courthouse. “That’s how we assist one another, as a result of we will’t depend on the system to do it for us.”
Eric Garner’s mom, Gwen Carr, additionally spoke outdoors the courthouse, saying, “nobody deserves to be choked to loss of life.”
Penny confronted a most potential sentence of 15 years in jail on the manslaughter cost, or 4 years on the negligent murder cost. There was no minimal sentence.
Protests outdoors courthouse over Daniel Penny verdict
About 15 protesters lined up outdoors the courthouse Monday, chanting “justice for Jordan Neely.” Inside, Penny’s protection crew requested for a mistrial and as soon as once more was denied.
One activist who has been outdoors demonstrating each morning was inside and yelled one thing at Penny alongside the strains of “it’s a small world, buddy.”
How It All Began
Police and witnesses mentioned Neely, 30, boarded an F prepare in SoHo on Could 1, 2023 and started shouting, throwing issues and making threats. Penny, a passenger on the prepare, approached Neely from behind and tried to restrain him.
Video reveals Penny holding Neely in a chokehold on the ground of the prepare for a number of minutes till Neely stopped shifting. After police arrived, officers administered Narcan to Neely, carried out CPR and used an AED, however have been unable to revive him. Neely was pronounced lifeless on the scene.
Police mentioned Neely didn’t have any weapons on him.
A health worker dominated Neely’s loss of life a murder three days later, with the trigger as compression of the neck. Toxicology reviews confirmed Neely had artificial marijuana in his system when he died.
Neely was a road performer and Michael Jackson impersonator who was experiencing homelessness and had struggled with psychological sickness after his mom was murdered in 2007.
Video of Penny holding Neely within the chokehold was extensively circulated on-line. Neely’s loss of life sparked protests throughout New York Metropolis, with many elevating issues concerning the want for higher psychological well being care within the metropolis, and Neely’s household referred to as for Penny’s arrest.
Penny turned himself in on Could 12, 2023, and was initially charged with second-degree manslaughter and launched on $100,000 bail. He was arraigned in June and pleaded not responsible to criminally negligent murder and second-degree manslaughter.
Penny defended his actions, saying he was attempting to guard different passengers on the prepare by restraining Neely.
