NEW YORK (1010 WINS) – Daniel Penny was found not guilty by a jury in the trial over Jordan Neely's subway chokehold death.
Penny, 26, was accused of placing Neely, 30, in a chokehold as Neely acted erratically on an F train in SoHo on May 1, 2023. The case brought by the Manhattan District Attorney's Office sparked fierce debate about whether Penny is a "hero" or a "vigilante."
HERE’S THE LATEST:
12:45 PM -- Manhattan DA releases statement on verdict
Manhattan District Attorney Alvin Bragg, whose office brought the charges against Daniel Penny, reacted to his acquittal Monday with the following statement:
“As with every case, we followed the facts and the evidence from beginning to end. A Grand Jury voted to indict, and the Office carefully presented this case to a trial jury.
“Over the course of the trial, we introduced medical records, videos, bodycam footage, and testimony from over 30 witnesses, including from the City’s Office of the Chief Medical Examiner.
“The jury carefully deliberated for four days. They requested readbacks of testimony and asked for video footage to re-watch, as well as written definitions of the law. Their lengthy deliberation – and the totality of the facts and the evidence – underscored why this case was put in front of a jury of Mr. Penny’s peers.
“The jury has now spoken. At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict.
“Unfortunately, over the duration of this trial, talented career prosecutors and their family members were besieged with hate and threats – on social media, by phone and over email. Simply put, this is unacceptable, and everyone, no matter your opinion on this case, should condemn it. These are prosecutors who have dedicated decades of their lives to public service and to the safety of Manhattan. I am grateful to them, as well as to the NYPD for their hard work and commitment on not only this matter, but for all they do on behalf of New Yorkers. I also want to thank Judge Wiley for presiding over this case. Finally, I want to thank the members of the jury who took time out of their lives to diligently evaluate the evidence.”
11:30 AM - DANIEL PENNY FOUND NOT GUILTY
Daniel Penny was acquitted Monday in the death of Jordan Neely.
A Manhattan jury delivered the verdict in a unanimous decision, clearing Penny of criminally negligent homicide in Jordan Neely’s death. A more serious manslaughter charge was dismissed last week in deliberations because the jury deadlocked on that count. Both charges were felonies and carried the possibility of prison time.
“We, the jury have come to a unanimous decision on count two,” the jury said before the verdict was announced.
The verdict came after less than two hours of deliberations Monday and on the fifth day of deliberations in the months-long trial.
There was a burst of applause from Penny’s team followed by orders from court officers to quiet down. Penny and his lawyers were quickly hustled out of the courtroom through a side door.
Neely's father and two supporters were told to leave after making various remarks — including vulgarities from one of the supporters. Another person also left, wailing with tears.
Penny has shown little emotion during the trial, usually looking straight ahead. But it appeared a slight smile came over his face as the verdict was read and as he was leaving the court.
“It really, really hurts,” Neely’s father, Andre Zachery, said outside the courthouse. “I had enough of this. The system is rigged."
11:15 AM -- Case centers on May 2023 altercation aboard F train
On May 1, 2023, Jordan Neely hurled his jacket onto the floor of an F train in SoHo, and declared that he was hungry and thirsty and didn’t care if he died or went to jail, witnesses said. Some told 911 operators that he tried to attack people or indicated he’d harm riders, and several testified that they were afraid.
Neely was unarmed, with nothing but a muffin in his pocket, and didn’t touch any passengers on the train. One rider said he made lunging movements that alarmed her enough that she shielded her 5-year-old from him.
Daniel Penny, who was on his way from a college class to the gym, came up behind Neely, grabbed his neck, took him to the floor and “put him out,” as he told police at the scene.
Passengers' video showed that at one point during the roughly six-minute hold, Neely tapped an onlooker’s leg and gestured to him. At another juncture, Neely briefly got an arm free. But he went still nearly a minute before Penny released him.
“He’s dying,” an unseen bystander said in the background of one video. “Let him go!”
A witness who stepped in to hold down Neely’s arms testified that he told Penny to free the man, though Penny’s lawyers noted the witness’ story changed significantly over time.
Penny told detectives shortly after the encounter that Neely threatened to kill people and the chokehold was an attempt to “de-escalate” the situation until police could arrive. The veteran said he held on after the train stopped because he wasn’t sure the doors were open and Neely periodically squirmed.
“I wasn’t trying to injure him. I’m just trying to keep him from hurting anyone else. He’s threatening people. That’s what we learn in the Marine Corps,” Penny told the detectives, who had read him his rights.
11 AM – Judge denies defense’s motion for mistrial
Last week, Judge Maxwell Wiley dismissed the indictment's top count of manslaughter and directed the jury to start deliberating Monday on the lesser homicide charge, which carries a punishment of up to four years in prison.
As court convened Monday morning, Wiley told jurors he wasn't directing them to reach a verdict, unless all 12 agreed it was right under the law and the evidence.
“It’s not the court’s business to talk about what directions your deliberations are taking or what you’re talking about, and it’s certainly not the court’s role to influence your deliberations. In fact, that’s improper. That's entirely up to you,” Wiley told the jury.
The deliberations resumed over objections from Penny's lawyers, who made the latest in a series of requests for a mistrial. Wiley denied it.
10:30 AM – Defense concerned about protests outside
The defense team said they’re concerned about protests happening outside Manhattan Criminal Court. Penny’s lawyers believe the jury can hear chants and offensive remarks being made, including, “Justice for Jordan Neely,” “subway strangler,” and “murderer.”
While the judge again denied a defense request for a mistrial, he proposed he’d ask the jury if the protests were affecting deliberations. The judge also noted there were protesters from both sides outside, with some supporting and some condemning Penny.
Prosecutors thought it was best to leave things alone and let the jury continue.
While the judge was ultimately open to bringing out the jurors to ask if the protests were interfering, the defense said “never mind” but wanted their concerns on the record.
The Associated Press contributed to this report.