In the end, the right to self-defense won despite a biased judge and DA. A Manhattan jury has acquitted Daniel Penny, a former Marine, of all charges related to the chokehold death of Jordan Neely, a homeless man, during a subway confrontation. Penny faced a criminally negligent homicide charge, which carried a potential sentence of up to four years. The courtroom erupted in applause following the not-guilty verdict, which marked the conclusion of a highly publicized trial.
The incident, which occurred in May 2023, became a lightning rod for debates about public safety, self-defense, and the treatment of mental health and homelessness. Neely, reportedly acting erratically and frightening passengers on an uptown F train, died after Penny restrained him in a chokehold. The encounter was captured on video, sparking nationwide discussions and intense polarization.
Penny’s defense centered on self-defense, with his attorneys portraying him as a responsible individual responding to a perceived threat. Witnesses described Neely’s aggressive behavior, including shouting about being “willing to die” and making threats. Penny’s legal team argued that his actions were intended to protect others on the train.
Democratic prosecutors tried to make the entire case about race, explained Fox News.
Manhattan prosecutors again accused Daniel Penny of failing to recognize the “humanity” of Jordan Neely during their closing arguments Monday, weeks after being accused of unfairly hinting at racial undertones in a case that does not involve hate crime charges.
“He didn’t recognize that Jordan Neely was a person,” Manhattan prosecutor Dafna Yoran told the jury. “He saw him as a person that needed to be eliminated.”
She claimed that Penny “was so reckless with Neely’s life because he didn’t seem to recognize his humanity.” She replayed video of Penny’s police interrogation, where he referred to Neely as a “crackhead” and told detectives, “You know these guys, they’re pushing people in front of trains and stuff.”
“We’ve all spoken dismissively about people like Jordan Neely,” she said. “Maybe we, too, have lumped them all together like this, but the context is very telling here. When the defendant is talking like this about Mr. Neely, he knows he very likely had killed him. Can you imagine a reasonable person speaking like this about a human being that he or she had just killed?”
Yoren had previously explained a bias she holds, claiming that she practices “restorative justice.”
Absolutely insane, must-watch clip of Daniel Penny’s prosecutor Dafna Yoran. She talks about how she reduced a clear cut felony murder charge to (manslaughter?) because she “felt sorry for the past trauma” that the armed robber had endured. “Restorative justice” insanity. pic.twitter.com/KpJg8GHmt5
— captive dreamer (@captivedreamer7) December 4, 2024
The verdict elicited strong reactions from various groups. Penny’s supporters, including public figures like House Speaker Mike Johnson, celebrated the outcome as a victory for self-defense and public safety, reported The New York Post. During the trial, over 40 witnesses testified, offering varied perspectives on the events leading up to Neely’s death. Passengers recounted the fear they felt during Neely’s outburst, bolstering the defense’s argument.
However, critics, including progressive members of the New York City Council, condemned the decision as a failure to protect vulnerable populations. Neely, who lived with schizophrenia and experienced chronic homelessness, became a symbol of systemic neglect. Advocates pointed to the incident as a tragic consequence of inadequate mental health services and societal indifference to the needs of at-risk individuals.
Not all progressives focused on fixing problems, though. BLM leaders attacked the juet and appeared to threaten Penny over the verdict.
BLM leader: “God damn America and those white people on the jury” pic.twitter.com/lduhgSF2QC
— End Wokeness (@EndWokeness) December 9, 2024
The jury was majority female, and included four people of color. The acquittal was unanimous.
NY BLM leader calls for “black vigilante” retaliation and defense after Daniel Penny was acquitted on all charges
He seems to be implying ch*king and k*lling in return against those who they claim are “oppressing” them pic.twitter.com/kqBe5lkVmG
— Drew Hernandez (@DrewHLive) December 9, 2024
The Daily Mail wrote that “Walter ‘Hawk’ Newsome, who says he is Jordan Neely’s uncle, threatened Penny inside the courtroom during the chaos which immediately followed the verdict.
He shouted ‘it’s a small f**king world, buddy.’
‘Everybody else has vigilantes. We need some black vigilantes,’ he said.
‘People want to jump up and choke us and kill us for being loud, how about we do the same when they attempt to oppress us.’
The comments came as protesters across the street set their sights on police, chanting ‘f**k the police’ and questioning why they weren’t patrolling the train to defend Neely.”
Newsome had previously organized protests against Penny and attacked the jury process, according to an investigation by The Washington Free Beacon.
“A charity run by a prominent Black Lives Matter activist is behind protests against Daniel Penny—the Marine veteran charged with the murder of a man on the New York subway last year—and undermining confidence in the jury ahead of its verdict, a Washington Free Beacon review of public records found.
Black Opportunities, which describes itself as “the new path forward to liberate black people from oppression,” helped organize a group of roughly 50 demonstrators outside the Manhattan Supreme Court where Penny’s trial was held. There, members of the organization shouted “Murderer, Murderer” and waved signs that said “Convict Daniel Penny” and contained links to the Black Opportunities website.
Black Opportunities shares close ties with Black Lives Matter Greater New York, which has also been involved in organizing protests against Penny since his trial started in October. Both organizations were founded by longtime Black Lives Matter activist Hawk Newsome, who has taken to calling Penny the ‘Subway Strangler.'”
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