A 26-year-old man Daniel Penny has been found not guilty of putting an unarmed homeless man Jordan Neely in a fatal chokehold, an incident that sparked nationwide discussions about issues including homelessness, mental health care, public safety, and racial relations.
After five days and over 24 hours of deliberation, the jury reached their decision.
Manhattan DA Alvin Bragg acknowledged the jury’s thorough consideration: “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 Penny’s peers.”
How Jordan Neely’s father and other family reacted?
The verdict announcement prompted mixed reactions in court. Andre Zachery, Neely’s father, expressed anger and was escorted out. Some attendees shouted, while another wept openly, ABC news reported.
Outside the courthouse, Zachery expressed his grief and disappointment: “I just want to say I miss my son. My son didn’t have to go through this. I didn’t have to go through this either. It hurts. It really, really hurts,” he stated alongside supporters. “I had enough of this, the system is rigged.”
The family’s attorney, Donte Mills, indicated their intention to pursue civil action: “I promised this family justice – we are still going to do that,” he stated. “The district attorney did a good job, but the jury in this case let us down.”
Gwen Carr, mother of Eric Garner who died in a similar incident, expressed concern about the recurring nature of such events: “No one deserves to be choked,” she stated. “You know, we’re in that courtroom, and people are cheering for the verdict.”
Protest erupts after verdict
Penny displayed a brief smile before resuming a neutral expression. His legal team celebrated quietly at their table.
The protest erupted outside the court after the verdict and chanted “Say his name – Jordan Neely” and “No justice, no peace” as authorities dispersed the gathering.
What judge said in this?
In May 2023, Penny, a 25-year-old ex-Marine, restrained Neely, a 30-year-old homeless individual, in a prolonged chokehold on an uptown F train at Second Avenue. Witnesses reported that Neely was exhibiting erratic behaviour and shouting before the incident occurred.
The jury deliberated on the criminally negligent homicide charge after Judge Maxwell Wiley dismissed the more serious manslaughter charge on Friday. The latter carried a maximum 15-year sentence, while the former has a four-year maximum. Neither offence has a minimum sentence requirement.
Prosecutors contended that Penny caused Neely’s death through a six-minute chokehold, maintaining it for 51 seconds after Neely became unresponsive. The prosecution argued Penny was aware of the potential fatal consequences but continued regardless.
While the medical examiner attributed Neely’s death to the chokehold, the defence suggested it resulted from a genetic condition and synthetic marijuana use. Defence lawyer Steven Raiser portrayed Penny’s actions as protective measures for other passengers against what he described as Neely’s threatening behaviour.
The court rejected a defence motion for mistrial on Monday morning, which argued that dismissing the manslaughter charge would influence the jury’s decision.
