Penny Acquitted in NYC Subway Chokehold Death

Facts

• Daniel Penny, a 26-year-old former Marine, Monday was found not guilty of criminally negligent homicide in the May 2023 chokehold death of Jordan Neely on a New York City subway.^[1][2]
• The jury deliberated for over 20 hours across five days, first deadlocking on a manslaughter charge before that charge was dismissed by Judge Maxwell Wiley at the prosecutors' request.^[3][4]
• Neely, a 30-year-old homeless man with mental illness, had reportedly been shouting, acting erratically, and threatening passengers on the F train when Penny placed him in a chokehold that lasted several minutes.^[1][5]
• The medical examiner ruled Neely's death a homicide due to compression of the neck, though defense experts argued other factors were involved. The jury reportedly asked to re-hear the medical examiner's testimony about issuing the death certificate before a full toxicology report was complete.^[5][6]
• The case sparked nationwide debates about public safety, mental health, race relations, and the limits of civilian intervention. Outside the courthouse, over a dozen protesters were heard yelling "justice for Jordan Neely," with Wiley urging the jury to ignore the commotion.^[1][4][7]
• Neely's father, Andre Zachary, who sued Penny last week over what he believes was a wrongful death, was escorted from the courtroom after an emotional outburst following the verdict announcement.^[3][8]

Sources: ^[1]The Wall Street Journal, ^[2]ABC News, ^[3]New York Post, ^[4]CNN, ^[5]NBC, ^[6]Daily Wire, ^[7]CBS and ^[8]FOX News.

Narratives

• Right narrative, as provided by New York Post. Penny was rightfully acquitted for stepping in where New York’s broken justice system failed. Progressive policies have enabled dangerous offenders to roam free, endangering citizens. Penny protected others in a moment of crisis, but voters bear responsibility for electing leaders who prioritize ideology over safety. Without balanced reforms, such tragedies will continue.
• Left narrative, as provided by The New Republic. Neely, an unarmed Black man, didn't deserve to die because of his mental illness and erratic behavior. The far-right's celebration of Penny's acquittal — which may be motivated by racism — glorifies vigilantes who act violently, especially against marginalized groups, under the guise of self-defense. Penny’s acquittal promotes fear and lethal force instead of compassion or systemic solutions.