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The jurors delivered their verdict in Daniel Penny’s trial on Monday, finding the Marine veteran not guilty of criminally negligent homicide.

Penny, 26, pleaded not guilty to second-degree manslaughter and criminally negligent homicide for the death of Jordan Neely, a 30-year-old homeless man with schizophrenia. Penny restrained Neely in a chokehold after he made death threats against passengers on a New York City subway car in May 2023.

‘Who do you want on the next train ride with you?’

On Friday, the judge dismissed the manslaughter charge when the jury of 12, made up of seven women and five men, twice indicated they could not come to a unanimous verdict. The jurors were not allowed to deliver a decision on the lesser count until the top charge was settled.

During deliberation, the jury returned to the judge with at least seven notes to review the evidence and clarify definitions in the case.

To find Penny guilty, jurors were instructed that they had to conclude that his use of force was unnecessary and that he acted recklessly.

The cause of Neely’s death was heavily debated.

The prosecutors argued that Penny restrained Neely in a chokehold for too long. Their case relied on shaky testimony from Dr. Cynthia Harris. After performing the autopsy, she labeled Neely’s cause of death as “inconclusive.” However, after viewing video evidence of the incident, she amended his cause of death to “asphyxia.”

Dr. Satish Chundru, a forensic pathologist, rejected Harris’ findings. He contended that Neely died from a combination of causes, including “effects of sickle-cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.”

During his closing argument, Penny’s lawyer, Steven Raiser, asked jurors, “Who do you want on the next train ride with you?”

“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?” Raiser questioned.

“This case is about a broken system, a broken system that does not help our mentally ill or our unhoused,” he continued. “In fact, it is that broken system that led us, that is interwoven into the very fabric of this case.”

Although Penny is no longer facing criminal charges, Neely’s father, Andre Zachary, initiated a lawsuit against him last week. Zachary accused Penny of negligent assault, battery, and causing serious injury, resulting in Neely’s death.

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