[News] Daniel Penny found not guilty in chokehold death of homeless man

[TheWild ™]

 

Former US Marine Daniel Penny has been found not guilty of criminally negligent homicide for putting a homeless man in a fatal chokehold.

Jurors deliberated for five days before declaring Mr Penny not guilty beyond a reasonable doubt in the death of 30-year-old Jordan Neely on a New York City train on 1 May, 2023.

The verdict comes after prosecutors agreed to drop a more serious charge of second-degree manslaughter on Friday, as jurors could not reach an agreement.

The move allowed the jurors to move on to consider the second lesser charge of negligent homicide.

The verdict, announced on Monday, was met with loud applause in the Manhattan courtroom. Mr Penny appeared to smile while his attorneys hugged.

Mr Neely's father was removed from the courtroom for yelling after the verdict. Chants of "no justice, no peace," could be heard echoing from outside.

"This is America. That is the sound of Black pain," one person said outside of the courtroom in Lower Manhattan to the reaction, NBC News reported.

Mr Neely’s death sparked protests across the city and reignited debates over public transportation safety and how the city cares for its residents who struggle with mental health issues and homelessness.

Prosecutors had argued that Mr Penny acted "recklessly" by restraining Neely for several minutes even after he lost consciousness.

Mr Penny's legal team argued that he had stepped in to protect worried passengers who were trapped in a tight subway car with Neely as he yelled. They also cited testimony from a forensic pathologist who said Mr Neely could have died from other contributing factors.

A medical examiner ruled Neely's cause of death as compression to the neck.

On 1 May, witnesses said that Neely - who suffered from severe mental illnesses - began shouting at other subway passengers, asking for money and screaming that he was hungry and wanted to go back to jail.

Prosecutors say Mr Penny placed Neely in a chokehold for six minutes, compressing his neck even after he stopped moving.

The manslaughter charge against Mr Penny would have carried a 15-year maximum sentence, while the negligent homicide charge has a four-year-maximum.

https://www.bbc.com/news/articles/crrw0881gzvo