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Daniel Penny was found not guilty of criminally negligent homicide in the death of Jordan Neely by a Manhattan jury on Monday, Dec. 9, following 20 hours of deliberations, as reported by Daily Voice.
The 26-year-old Penny, a Long Island resident from West Islip, had been accused of killing 30-year-old New Jersey native Jordan Neely aboard a Manhattan subway car on May 1, 2023.
Multiple witnesses told NYPD detectives that Neely, a well-known Michael Jackson impersonator from Bayonne, boarded the train and began threatening to kill fellow riders, repeatedly shouting that he didn't want to live anyone.
Penny placed the man in a chokehold for several minutes and he eventually died, according to prosecutors and bystander video. The New York City medical examiner’s office ruled the death a homicide, with prosecutors alleging Neely was in the chokehold for six minutes.
Penny claimed he was trying to protect fellow subway riders and only meant to restrain Neely until police arrived, but prosecutors argued he used too much force for too long.
On Monday, Dec. 9, the jury made up of seven women and five men found Penny not guilty of criminally negligent homicide after Judge Maxwell Wiley dismissed a manslaughter charge due to a deadlocked jury.
Reaction to the verdict was swift on social media, where many celebrated the acquittal and lambasted Manhattan District Attorney Alvin Bragg for even bringing charges in the first place.
Among the blue check marks to back Penny on X, formerly Twitter, was Geraldo Rivera, who said Penny “acted with courage and resolve, protecting a terrified subway.”
“He did the right thing and now – despite a political prosecution, a jury of New Yorkers has also done the right thing,” the former Fox News reporter wrote.
Nassau County Executive Bruce Blakeman also took to X, saying he “was confident from day one Daniel Penny was a hero, not a villain.”
“I am extremely grateful that a Manhattan jury saw through all the political nonsense and determined Daniel Penny had no culpability in the death of Jordan Neely.”
Outgoing Republican congressman Anthony D’Esposito, who lost his re-election bid to Democrat Laura Gillen in November, called Penny a “hero.”
“Daniel Penny defended innocent Americans from the violent consequences of New York’s far-left lunatics – he’s a hero,” D’Esposito said on X. “Despite Alvin Bragg’s best wishes, justice prevailed in New York City.”
Meanwhile, Neely's family was outraged by the verdict, with his father Andre Zachary calling the criminal justice system "rigged."
"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, really, really hurts," NBC New York quoted Zachary as saying.
The family plans to move forward with a civil wrongful death lawsuit against Penny, accusing him of negligence, assault, and battery, according to the outlet.
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