Mon Dec 09 16:53:22 UTC 2024: ## Ex-Marine Acquitted in Subway Chokehold Death of Jordan Neely
**New York City** – Daniel Penny, a former US Marine, was found not guilty of criminally negligent homicide on Monday in the death of Jordan Neely, a 30-year-old street performer who died after being placed in a chokehold on a New York City subway. The verdict, following weeks of trial and jury deliberation, sparked immediate and intense reactions, reigniting a national debate on race, mental health, and the use of force.
Penny, 24, had been charged after a May 1, 2023 incident where he restrained Neely, who was reportedly acting erratically and shouting, aboard a subway train. Videos of the incident, which went viral, showed Penny holding Neely in a chokehold for several minutes until he became unresponsive. Neely was later pronounced dead at a hospital.
The prosecution argued that Penny acted recklessly, continuing the chokehold despite clear signs that Neely was dying. Assistant District Attorney Dafna Yoran highlighted the disparity in the treatment of Neely, who had a history of mental illness and homelessness, emphasizing that his behavior did not justify his death. She pointed out Neely’s difficult life, including the murder of his mother, and argued that Penny’s actions demonstrated a lack of empathy.
Penny’s defense contended that he acted in self-defense and to protect other passengers from an imminent threat. They presented testimony from a forensic pathologist who suggested Neely’s death resulted from a combination of factors, including his underlying health conditions and the struggle. This contradicted the city medical examiner’s ruling of homicide by neck compression. The defense also argued the chokehold was a “civilian restraint,” not a lethal military technique.
The jury initially considered a manslaughter charge but reached a deadlock, leading the judge to allow consideration of the lesser charge of criminally negligent homicide. The not guilty verdict prompted immediate criticism from Neely’s family and supporters who argued the decision failed to acknowledge the systemic issues underlying the incident. A civil suit filed by Neely’s father against Penny is still pending. The case continues to fuel conversations about race relations, social services for the mentally ill, and the appropriate use of force in similar situations.
First Piper 