Friday, July 24, 2026
Smart Again
  • Home
  • Trending
  • Politics
  • Law & Defense
  • Community
  • Contact Us
No Result
View All Result
Smart Again
  • Home
  • Trending
  • Politics
  • Law & Defense
  • Community
  • Contact Us
No Result
View All Result
Smart Again
No Result
View All Result
Home Politics

Daniel Penny was just acquitted in subway choking trial

December 9, 2024
in Politics
Reading Time: 4 mins read
0 0
A A
0
Daniel Penny was just acquitted in subway choking trial
Share on FacebookShare on Twitter


Daniel Penny awaits the jury’s verdict in a New York criminal court in lower Manhattan.Andrea Renault/Zuma

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

Daniel Penny, a former Marine who fatally choked a man on a New York City subway in May 2023, has been found not guilty of criminally negligent homicide. The trial, which began in late October, lasted seven weeks and featured more than 40 witnesses.

The death of Jordan Neely, a 30-year-old Black man who had a history of serious mental illness, immediately became a political flashpoint. It happened amid growing fears about public safety in the subways—which New York Gov. Kathy Hochul and New York City Mayor Eric Adams pledged to address with increased police presence. To some, Penny’s actions were an admirable intervention in an all-too-common public mental health episode that threatened to endanger bystanders. Republican Arizona Rep. Eli Crane recently said that he plans to nominate Penny for the Congressional Gold Medal, telling Fox News, “Mr. Penny bravely stood in the gap to defy this corrupt system and protect his fellow Americans.”

But for many advocates, Neely’s death exemplified the city’s inability to protect its most vulnerable citizens. Neely, who was homeless, had spent years cycling through the mental health and criminal justice systems. Jawanza Williams, director of organizing at the social justice organization VOCAL-NY, said that Neely had not just been failed by the city’s social services, but also by the recent political rhetoric around homelessness.

“What happened to Jordan Neely was an indirect consequence of the way that people—in particular, Mayor Eric Adams and Governor Kathy Hochul—were talking about people experiencing homelessness,” Williams said while the trial was still ongoing. “Creating this atmosphere of fear around people on the subway, especially those with mental health conditions, dehumanized them, and it made it more likely for people to engage in violence against them.”

On May 1, 2023, Neely entered a crowded uptown F train in Lower Manhattan, declaring that he was hungry, thirsty, and ready to go to jail or die. Penny, an architecture student who served four years in the Marine Corps, was already on the train, heading to the gym. His defense lawyers would later argue that when Penny approached Neely from behind and put him into a chokehold, it was to protect others.

A freelance journalist captured a video of the several-minute-long encounter, which eventually went viral. In it, Penny can be seen lying on the train floor with his arm around Neely’s neck. Penny continued his hold until well after the subway arrived at the next station and another man grabbed Neely’s arms. A bystander can be heard urging Penny to let go, saying, “You’re gonna kill him now.” Neely became unconscious during the encounter and was later pronounced dead.  

The incident sparked subway protests calling for Penny’s arrest, with some describing it as a racist act of vigilante justice. Yusef Salaam, a New York City Council member who was wrongly convicted as a teenager of the 1989 rape of a woman in Central Park, called it a “lynching in the public square.”

Penny was eventually charged with second-degree manslaughter and criminally negligent homicide. It led some prominent Republicans to rally around Penny, with Florida Gov. Ron DeSantis calling him a “Good Samaritan.” His legal defense fund raised millions. 

Neely was once a Michael Jackson impersonator, dancing in costume on the subways. His early life was marked by tragedy—his mother was murdered when he was 14—and he was eventually diagnosed with schizophrenia. Reporting from New York magazine tracked Neely’s descent into drug use and homelessness. Outreach workers became familiar with Neely, who was at one point on the city’s list of homeless people in the most dire need of services. Along with a series of minor charges, Neely had also been accused of assault—including an instance when he punched a woman on the subway. 

At the trial, prosecutors laid out a narrow path toward conviction. Assistant District Attorney Dafna Yoran said in her closing statement that it was “laudable” for Penny to intervene initially, describing Neely as behaving in an “extremely threatening manner.” But, prosecutors argued, Penny’s actions became unlawful when he continued the chokehold after Neely was subdued and passengers had exited the train.

Defense attorneys have emphasized Penny’s character—his platoon sergeant agreed during testimony that he was “calm and peaceful”—and argued that he did not mean to kill Neely. Penny’s lawyer Steven Raiser said that Penny had applied the chokehold in a “less aggressive” way because he did not intend for Neely to lose consciousness. They have also tried to cast doubt on findings from the city’s medical examiner, who determined that Penny’s hold had killed Neely. The defense’s forensic pathologist testified that a genetic condition and the use of synthetic marijuana contributed to Neely’s death.   

“The government is scapegoating the one man who was willing to stand up at the moment he was needed,” Raiser said during his closing statement.

After nearly three days of deliberation, the jury was unable to come to a consensus on the most serious charge of manslaughter. On Friday, the judge dismissed the manslaughter charge to allow them to move to deliberate the charge of criminally negligent homicide. The acquittal came just hours after the jury reconvened on Monday. 

Last week, while the criminal trial was ongoing, Neely’s father, Andre Zachary, filed a wrongful death suit against Penny. “It really, really hurts,” Zachary told reporters outside of the courthouse after the verdict was announced, according to the Associated Press. “I had enough of this. The system is rigged.”



Source link

Tags: acquittedChokingDanielPennysubwaytrial
Previous Post

How “Squid Game” Season 2 received a Golden Globe nomination before it even premiered

Next Post

John Fetterman Teaches The Media A Lesson About Democrats

Related Posts

Trump’s EPA wants fewer people asking questions about data center pollution
Politics

Trump’s EPA wants fewer people asking questions about data center pollution

July 24, 2026
Every time the Tates get arrested, their media empire kicks into gear
Politics

Every time the Tates get arrested, their media empire kicks into gear

July 24, 2026
Trump Gets Publicly Humiliated For Attack On The First Amendment
Politics

Trump Gets Publicly Humiliated For Attack On The First Amendment

July 23, 2026
Instant access to Trump’s thoughts now costs 0,000 a month
Politics

Instant access to Trump’s thoughts now costs $100,000 a month

July 23, 2026
Republicans In Disarray As John Thune Destroys Karoline Leavitt
Politics

Republicans In Disarray As John Thune Destroys Karoline Leavitt

July 23, 2026
The architecture of resistance: America’s year of mobilizing against ICE
Politics

The architecture of resistance: America’s year of mobilizing against ICE

July 23, 2026
Next Post
John Fetterman Teaches The Media A Lesson About Democrats

John Fetterman Teaches The Media A Lesson About Democrats

Where’s Pedro Moreno’s pardon?

Where's Pedro Moreno's pardon?

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

  • Trending
  • Comments
  • Latest
There’s more than one empathy crisis

There’s more than one empathy crisis

March 30, 2026
“Night Nurse” sexualizes the grandparent scam call

“Night Nurse” sexualizes the grandparent scam call

July 15, 2026
“Telephone” turns 15: Lady Gaga and Beyoncé’s pop classic still holds cultural weight

“Telephone” turns 15: Lady Gaga and Beyoncé’s pop classic still holds cultural weight

February 20, 2025
The best films of 2026 (so far): experiments in big-swing cinema

The best films of 2026 (so far): experiments in big-swing cinema

June 10, 2026
The rise of the progressive billionaire candidate

The rise of the progressive billionaire candidate

May 15, 2026
Margo Price’s furious protest songs meet the moment

Margo Price’s furious protest songs meet the moment

July 14, 2026
“They stole an election”: Former Florida senator found guilty in “ghost candidates” scandal

“They stole an election”: Former Florida senator found guilty in “ghost candidates” scandal

0
The prime of Dame Maggie Smith is a gift

The prime of Dame Maggie Smith is a gift

0
The Hawaii senator who faced down racism and ableism—and killed Nazis

The Hawaii senator who faced down racism and ableism—and killed Nazis

0
The murder rate fell at the fastest-ever pace last year—and it’s still falling

The murder rate fell at the fastest-ever pace last year—and it’s still falling

0
Trump used the site of the first assassination attempt to spew falsehoods

Trump used the site of the first assassination attempt to spew falsehoods

0
MAGA church plans to raffle a Trump AR-15 at Second Amendment rally

MAGA church plans to raffle a Trump AR-15 at Second Amendment rally

0
The ticks are winning

The ticks are winning

July 24, 2026
Trump’s EPA wants fewer people asking questions about data center pollution

Trump’s EPA wants fewer people asking questions about data center pollution

July 24, 2026
Elon Musk Can’t Handle Being Called Out, SNAPS On Camera In Fiery Interview

Elon Musk Can’t Handle Being Called Out, SNAPS On Camera In Fiery Interview

July 24, 2026
Every time the Tates get arrested, their media empire kicks into gear

Every time the Tates get arrested, their media empire kicks into gear

July 24, 2026
“Remake” will shift your perspective on grief

“Remake” will shift your perspective on grief

July 24, 2026
“The Man Will Burn” accidentally shows why people despise Burning Man

“The Man Will Burn” accidentally shows why people despise Burning Man

July 24, 2026
Smart Again

Stay informed with Smart Again, the go-to news source for liberal perspectives and in-depth analysis on politics, social justice, and more. Join us in making news smart again.

CATEGORIES

  • Community
  • Law & Defense
  • Politics
  • Trending
  • Uncategorized
No Result
View All Result

LATEST UPDATES

  • The ticks are winning
  • Trump’s EPA wants fewer people asking questions about data center pollution
  • Elon Musk Can’t Handle Being Called Out, SNAPS On Camera In Fiery Interview
  • About Us
  • Advertise with Us
  • Disclaimer
  • Privacy Policy
  • DMCA
  • Cookie Privacy Policy
  • Terms and Conditions
  • Contact Us

Copyright © 2024 Smart Again.
Smart Again is not responsible for the content of external sites.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • Trending
  • Politics
  • Law & Defense
  • Community
  • Contact Us

Copyright © 2024 Smart Again.
Smart Again is not responsible for the content of external sites.

Go to mobile version