On the fifth day of jury deliberations, Daniel Penny was acquitted of criminally negligent homicide in the chokehold death of Jordan Neely on a New York City subway. NBC News' Antonia Hylton and Lisa Rubin report.
Daniel Penny was acquitted in the 2023 death of Jordan Neely, which prosecutors argued at trial was the result of Penny going too far in restraining Neely on a New York City subway. The verdict followed Friday’s dismissal of a more serious manslaughter charge, which jurors said they couldn’t agree on and prosecutors moved to dismiss so the jury could consider the lesser charge.
The manslaughter count alleged that Penny, a white Marine veteran in his mid-20s, recklessly caused the death of Neely, a 30-year-old homeless Black man, while the second charge alleged Penny caused Neely’s death with criminal negligence. The New York Times recounted the facts of the case: As NBC News reported, “Penny and his attorneys have said that he acted to protect other passengers and that he did not intend to harm Neely, only to restrain him until police arrived.
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