What We Know About The Details Surrounding Daniel Penny Being Acquitted — Jury Finds Marine Not Guilty in Jordan Neely Subway Death Case
- Boiling Point Live
- Dec 9, 2024
- 2 min read

Daniel Penny, a former Marine, was acquitted of criminally negligent homicide in the death of Jordan Neely, which occurred on a New York City subway in May 2023. Here are the key details surrounding his acquittal:
Penny was initially charged with both second-degree manslaughter and criminally negligent homicide. He pleaded not guilty to both charges. The trial commenced with jury selection in late October 2024, and involved extensive testimony from over 40 witnesses including subway passengers, police officers, and medical experts.
The incident involved Penny placing Neely in a chokehold after Neely entered a subway car shouting and acting erratically, which witnesses described as threatening. Penny's actions were captured on bystander video, leading to widespread attention and debate about public safety, vigilantism, and the treatment of homelessness and mental illness in New York City.
The jury deliberated for over 24 hours across five days. They initially could not reach a unanimous decision on the manslaughter charge, which led Judge Maxwell Wiley to dismiss this charge at the request of prosecutors. This left the jury to deliberate solely on the criminally negligent homicide charge.
On December 9, 2024, Penny was found not guilty of criminally negligent homicide. The decision came after jurors reviewed several pieces of evidence, including police body camera footage and Penny's interview with detectives. The acquittal was met with mixed reactions, with some applause in the courtroom and others expressing grief and anger.
The case polarized public opinion, with demonstrations and protests from both supporters and critics of Penny. Neely's father filed a civil lawsuit against Penny, seeking damages for negligent contact, assault, and battery, which indicates that legal proceedings related to this incident may continue in the civil arena.
The trial highlighted broader issues like race, mental health, urban crime, and the role of bystanders in public safety incidents. Neely's struggles with homelessness and mental illness were significant points of discussion, as was Penny's military background and his intent at the time of the incident.
This case has been a focal point for discussions on how society and legal systems handle complex situations involving mental health crises, self-defense, and the use of force in public spaces.
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