A subway ride in New York City left one man dead and another facing up to fifteen years in prison. What happened between the two men, and what eventually led to one man walking away free?
The Incident
On May 1, 2023, two men boarded a northbound F train in Manhattan. Former marine, Daniel Penny, 26, noticed Jordan Neely, 30, when he began making a commotion on the train.
Penny, who was homeless and known to have mental health and drug problems, started yelling. Per CNN, witnesses say Penny said he was hungry and thirsty and he didn’t care if he lived or died. He took off his jacket and whipped it around. Then, Penny thought he heard Neely say, “I will kill,” and he decided to take action.
Penny grabbed Neely and put him in a chokehold. Penny had been trained in chokeholds during his time in the Marines. Penny forced Neely to the ground and held him there for close to six minutes. Once Penny released the chokehold, Neely was unresponsive. Police arrived and offered aid, but Neely would later die.
After an autopsy, a city medical examiner said the cause of Neely’s death was “compression of neck (chokehold),” and Penny was later criminally charged for the death.
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The Charges
On June 15, 2023, a grand jury indicted Penny, and he was charged with second-degree manslaughter and criminally negligent homicide.
The second-degree manslaughter charge carried a maximum penalty of fifteen years in prison, and the charge of criminally negligent homicide held a potential consequence of four years in prison.
Penny pleaded not guilty to both charges. A judge declined Penny’s request to dismiss the case, and the case went to trial in October 2024.
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A Trial Leads to a Deadlock
During the trial, the jury heard from subway passengers who witnessed the incident, as well as a Marine Corps instructor who taught Penny chokehold techniques and Penny’s relatives, friends, and fellow Marines.
Penny’s defense attorneys argued that Penny was trying to protect the public from Neely and that Neely’s death hadn’t been caused by the chokehold. The city medical examiner who performed Neely’s autopsy testified for the prosecution and said the chokehold caused the death, but Penny’s team argued that Neely did not die from the chokehold but rather from cardiac arrest caused by the use of drugs and likely the “excitement” of the event, per CNN.
The jury struggled to make a verdict.
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The Verdict
Penny was charged with two crimes. The second-degree manslaughter charge was the higher of the two charges and the crime the jury could not agree on.
The jury sent a note to the judge indicating that they had deadlocked twice on the manslaughter charge. After the second note, the judge granted the prosecution’s request to dismiss the charge.
At that time, the jury only had to consider the charge of criminally negligent homicide. In order for the jury to find Penny guilty of criminally negligent homicide, the jury had to believe that he caused Neely’s death, he acted with a reckless disregard for the safety and well-being of others, and his actions were not justified.
On December 9, 2024, the jury said they did not think the case met the barrier for a guilty verdict.
They found Penny not guilty of criminally negligent homicide. Penny was acquitted in the case and will face no criminal consequences.
The Future
While Penny’s criminal case has been dismissed, he may still face legal challenges. Neely’s father, Andre Zachery, filed a wrongful death civil lawsuit in New York’s Supreme Court. It accuses Penny of assault, battery, and causing Neely’s death, according to the BBC.
The lawsuit does not specify the amount of money the family is seeking, but the wrongful death lawsuit will be another case Penny may have to fight in the court system.
For Neely’s family to win their case, they will need to prove that Penny caused Neely’s death as a result of negligence or maliciousness and that Neely’s death led to financial and/or emotional damages for surviving members of his family.
Talk to a Criminal Defense Attorney
If you’re arrested for a crime, time is of the essence. Talk to an experienced criminal defense attorney who knows what you need to do to build a case that will lead to the best possible outcome. Get help today.
Call TJ Grimaldi to discuss your case. All consultations are 100% free, so don’t delay. Start making your defense plan today. Request your free consultation or call 813-226-1023.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
