NEW YORK –
A Marine veteran who used a chokehold on an agitated subway rider was acquitted on Monday in a loss of life that grew to become a prism for differing views about public security, valor and vigilantism.
A Manhattan jury cleared Daniel Penny of criminally negligent murder in Jordan Neely ’s 2023 loss of life. A extra critical manslaughter cost was dismissed final week as a result of the jury deadlocked on that depend.
Penny, who had proven little expression through the trial, briefly smiled as the decision was learn. Whereas celebrating later along with his attorneys, he mentioned he felt “nice.”
Each applause and anger erupted within the courtroom, and Neely’s father and two supporters have been ushered out after audibly reacting. One other individual additionally left, wailing with tears.
“It actually, actually hurts,” Neely’s father, Andre Zachery, mentioned exterior the courthouse. “I had sufficient of this. The system is rigged.”
The case amplified many American fault strains, amongst them race, politics, crime, city life, psychological sickness and homelessness. Neely was Black. Penny is white.
There have been generally dueling demonstrations exterior the courthouse, together with on Monday. Excessive-profile Republican politicians portrayed Penny as a hero whereas distinguished Democrats attended Neely’s funeral.
Penny’s attorneys argued he was defending himself and different subway passengers from a unstable, mentally sick man who was making alarming remarks and gestures.
Penny “lastly bought the justice he deserved,” certainly one of his attorneys, Thomas Kenniff, mentioned whereas celebrating the result with him at a downtown Manhattan pub.
Manhattan District Legal professional Alvin Bragg, a Democrat whose workplace introduced the case, mentioned prosecutors “adopted the details and the proof from starting to finish” and respect the decision.
The nameless jury, which had began deliberating Tuesday, was escorted out of court docket to a van.
Andre Zachary, father of Jordan Neely, and lawyer Donte Mills exterior the prison court docket, Monday, Dec. 9, 2024, in New York. (AP Picture/Stefan Jeremiah)
Penny, 26, served 4 years within the Marines and went on to check structure.
Neely, 30, was a someday subway performer with a tragic life story: His mom was killed and stuffed in a suitcase when he was an adolescent.
As a youthful man, Neely did Michael Jackson tributes — full with moonwalks — on town’s streets and subways. However Neely additionally struggled with psychological sickness after dropping his mom, whose boyfriend was convicted of murdering her.
He subsequently was recognized with despair and schizophrenia, was repeatedly hospitalized, and used the artificial cannabinoid K2 and realized it negatively affected his pondering and conduct, based on medical information seen on the trial. The drug was in his system when he died.
Neely instructed a health care provider in 2017 that being homeless, residing in poverty and having to “dig via the rubbish” for meals made him really feel so hopeless that he generally considered killing himself, hospital information present.
About six years later, he boarded a subway beneath Manhattan on Could 1, 2023, hurled his jacket onto the ground, and declared that he was hungry and thirsty and didn’t care if he died or went to jail, witnesses mentioned. Some instructed 911 operators that he tried to assault individuals or indicated he’d hurt riders, and a number of other testified that they have been afraid.
Neely was unarmed, with nothing however a muffin in his pocket, and didn’t contact any passengers. One mentioned he made lunging actions that alarmed her sufficient that she shielded her 5-year-old from him.
Penny got here up behind Neely, grabbed his neck, took him to the ground and “put him out,” because the veteran instructed police on the scene.
Passengers’ video confirmed that at one level through the roughly six-minute maintain, Neely tapped an onlooker’s leg and gestured to him. Later, he briefly bought an arm free. However he went nonetheless practically a minute earlier than Penny launched him.
“He’s dying,” an unseen bystander mentioned in a single video. “Let him go!”
A witness who stepped in to carry down Neely’s arms testified that he instructed Penny to free the person, although Penny’s attorneys famous the witness’ story modified considerably over time.
Penny instructed detectives shortly after the encounter that Neely threatened to kill individuals and the chokehold was an try and “de-escalate” the state of affairs till police may arrive. The veteran mentioned he held on so lengthy as a result of Neely periodically tried to interrupt free.
“I wasn’t making an attempt to injure him. I’m simply making an attempt to maintain him from hurting anybody else. He’s threatening individuals. That’s what we study within the Marine Corps,” Penny instructed the detectives.
Nevertheless, certainly one of Penny’s Marine Corps instructors testified that the veteran misused a chokehold method he’d been taught.
Prosecutors mentioned Penny reacted far too forcefully to somebody he perceived as a peril, not an individual. Prosecutors additionally argued that any want to guard passengers rapidly ebbed when the practice doorways opened on the subsequent station, seconds after Penny took motion.
Though Penny instructed police he’d used “a choke” or “a chokehold,” certainly one of his attorneys, Steven Raiser, solid it as a Marine-taught chokehold “modified as a easy civilian restraint.” The defence attorneys contended Penny didn’t constantly apply sufficient strain to kill Neely.
Contradicting a metropolis health worker’s discovering, a pathologist employed by the defence mentioned Neely died not from the chokehold however from the mixed results of K2, schizophrenia, his battle and restraint, and a blood situation that may result in deadly issues throughout exertion.
Penny didn’t testify, however kin, associates and fellow Marines did — describing him as an upstanding, patriotic and empathetic man.
The manslaughter cost would have required proving that Penny recklessly brought about Neely’s loss of life. Criminally negligent murder entails participating in critical “blameworthy conduct” whereas not perceiving such a danger. Each fees have been felonies punishable by jail time.
Through the prison trial, Neely’s father filed a wrongful loss of life go well with in opposition to Penny.
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Related Press journalists Joseph B. Frederick and Ted Shaffrey contributed.