Daniel Penny acquitted in lightning-rod death of Jordan Neely

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Daniel Penny acquitted in lightning-rod death of Jordan Neely
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The panelists acquitted Penny of criminally negligent homicide charges.

The panelists acquitted Penny of criminally negligent homicide — which could have put him behind bars for up to four years — in Neely’s chokehold death aboard a crowded uptown F train in May 2023.

“The guy with the earbuds minding his own business who you know would be there for you if something happened? Or perhaps you just hope that someone like Jordan Neely does not enter that train when you are all alone, all alone in a crowd of others frozen with fear?” Another woman on the train told jurors that she feared for her life after hearing Neely’s “satanic” rant.

“What’s so tragic about this case is that even though the defendant started out trying to do the right thing, as the chokehold progressed, the defendant knew that Jordan Neely was in great distress and dying, and he needlessly continued,” prosecutor Dafna Yoran said in her closing statement.of Penny holding Neely — including for 51 seconds after Neely’s body appears to go limp. Penny kept holding Neely despite witnesses pleading with him to “let him go!” the video shows.

Trial evidence revealed that Neely had the synthetic marijuana drug K2 in his system at the time of the confrontation. Jurors also heard that he was diagnosed with schizophrenia, telling doctors in 2021 that he’d heard the “devil’s voice.” Neely’s death, and Penny’s arrest 11 days later, sparked a national political firestorm about whether Penny’s actions were justified.

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