Headline Roundup • December 9th, 2024
Daniel Penny Found Not Guilty of Criminally Negligent Homicide
Summary from the AllSides News Team
Daniel Penny has been acquitted following a dropped manslaughter charge on Friday and a not guilty verdict Monday morning on the charge of criminally negligent homicide.
For Context: Penny was charged in the case of Jordan Neely, who he put in a chokehold for six minutes on a Manhattan train in May 2023. Neely threatened other passengers on the train, but did not physically assault anyone, nor was he armed. Neely was homeless and struggled with schizophrenia and drug use. Penny's attorneys argued the marine veteran was acting in defense of the other passengers, while the prosecution argued that Penny recklessly endangered Neely by holding him in the chokehold for that long.
The Trial: On Friday, the prosecution dropped the top charge of manslaughter after the jury deadlocked on the issue twice. Then, the jury was able to consider the lesser charge of criminally negligent homicide.
How the Media Covered It: The National Review (Lean Right) highlighted Neely's past conviction, said "liberals painted Neely as the victim of racism in America" and the Manhattan District Attorney Alvin Bragg was "normally soft-on-crime." MSNBC (Left bias) said the case "spotlighted issues of race, public safety, mental health and vigilantism in the city," mentioning the race of Penny and Neely in the article. MSNBC quoted the defense and prosecution, but ended on an emotional appeal, "Penny didn’t realize that Neely was also a person whose life needed protecting, the prosecutor told the jury."
Featured Coverage of this Story
Jurors announced ex-Marine Daniel Penny was not guilty of criminally negligent homicide Monday after the judge allowed them to vote on the less severe charge and dismissed his manslaughter charge Friday in the divisive case, after Penny used a chokehold on a homeless Black man on a New York City subway car in 2023.
Multiple outlets reported Monday that Penny was acquitted of the charge.
Judge Maxwell Wiley, who is proceeding over the case, allowed jurors on Friday to deliberate Penny’s the charge of a criminally negligent homicide, after he earlier mandated...

Brendan McDermid/Reuters
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...
Daniel Penny was acquitted in the 2023 death of Jordan Neely, which prosecutors argued at trial was the result of Penny going too far in restraining Neely on a New York City subway. The verdict followed Friday’s dismissal of a more serious manslaughter charge, which jurors said they couldn’t agree on and prosecutors moved to dismiss so the jury could consider the lesser charge.
Penny’s lawyers wanted a mistrial on Friday instead of dismissing the top count, but this result leaves him clear of all charges after the jury found the prosecution failed...
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