On May 1, 2023, Daniel Penny, a 26-year-old former U.S. Marine sergeant, used a chokehold to restrain Jordan Neely, a 30-year-old homeless man with a history of mental illness, on a New York City subway. Neely, who had been shouting about hunger, thirst, and wanting to return to jail, was subdued by Penny, who claimed he did not intend to kill Neely. After a trial that began in October 2023, Penny was acquitted of criminally negligent homicide on December 4, 2024. Prosecutors argued that Penny applied deadly force unnecessarily, holding Neely in a chokehold for nearly six minutes, even after the train reached the station. They also cited warnings from bystanders about the risks to Neely’s life. Penny’s defense argued that he acted out of concern for others’ safety, fearing Neely might harm a woman and child nearby, and that he only restrained Neely until he was no longer a threat. Penny did not testify in the trial and left the courtroom without comment.
The case sparked public outrage, with some seeing Neely’s death as an instance of racial injustice, as Neely was Black and Penny was White, while others supported Penny’s actions, viewing him as a hero. Neely’s father, Andre Zachary, expressed frustration with the verdict, calling the system “rigged.” Family lawyer Donte Mills criticized the justice system and urged others to take action by helping those in need to create positive change.
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