Photo: Getty Images
A New York City jury has found Marine veteran Daniel Penny not guilty in the subway chokehold death of Jordan Neely.
On Monday (December 9), Penny was found not guilty of criminally negligent homicide in the May 2023 death of Neely, a 30-year-old Michael Jackson impersonator who was homeless, per TMZ.
The decision came after prosecutors dropped a second-degree manslaughter charge against Penny when the 12-person jury was unable to come to a unanimous verdict on Friday (December 6).
Penny had pleaded not guilty to manslaughter and criminally negligent homicide and maintained that his actions were justified when he choked Neely to death on a New York City subway.
On May 1, 2023, Penny confronted Neely after he allegedly shouted at passengers that he was hungry, thirsty, and didn't care whether he died. The former Marine forced Neely onto the ground and put him in a chokehold until he stopped breathing.
Penny and some of the other subway passengers claimed that Neely, who struggled with depression and schizophrenia, also shouted that he was ready to kill. The ex-Marine told police that he had put Neely in "a choke" to ensure the safety of the passengers.
City medical examiners ruled that Neely died from neck compression in a chokehold. Prosecutors said Penny knew his actions could kill due to his military training, while his defense lawyers argued he used a "civilian restraint" to protect passengers from Neely.
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