Penny, who showed little expression during the trial, smiled as the verdict was read. Neely’s father and two supporters were told to leave after making remarks.
manslaughter charge was dismissedPenny, who had shown little expression during the trial, briefly smiled as the verdict was read. Both applause and anger erupted in the courtroom, and Neely’s father and two supporters were told to leave after making various remarks — including vulgarities from one of the supporters. Another person also left, wailing with tears.The case amplified many American fault lines, among them race, politics, crime, urban life, mental illness and homelessness.
Neely told a doctor in 2017 that being homeless, living in poverty and having to “dig through the garbage” for food made him feel so worthless and hopeless that he sometimes thought of killing himself, hospital records show. Neely was unarmed, with nothing but a muffin in his pocket, and didn’t touch any passengers on the train. One rider said he made lunging movements that alarmed her enough that she shielded her 5-year-old from him.
Penny told detectives shortly after the encounter that Neely threatened to kill people and the chokehold was an attempt to “de-escalate” the situation until police could arrive. The veteran said he held on after the train stopped because he wasn’t sure the doors were open and Neely periodically squirmed.
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