Daniel Penny Acquitted in Subway Choke Hold Death of Homeless Man

A jury in Manhattan found Marine veteran Daniel Penny not guilty of criminally negligent homicide on Monday for putting a mentally ill homeless man, Jordan Neely, into a choke hold on a subway train, subduing him after Neely began threatening passengers.

The twelve jurors deliberated for several days beginning on Tuesday after the four-week trial featured dozens of witnesses on the F train, where Penny, 26, choked out Neely, 30, in May 2023.

Penny faced charges of second-degree manslaughter and criminally negligent homicide. Prosecutors moved to dismiss the former, more severe charge on Friday afternoon after jurors said twice they couldn’t come to a unanimous agreement on the manslaughter count. Penny pleaded not guilty.