Daniel Penny not guilty; verdict met with a mix of cheers and curses
Former U.S. Marine Daniel Penny has been found not guilty of criminally negligent homicide in the May 2023 death of Jordan Neely in New York City, with the verdict eliciting mixed reactions.
On the fifth day of deliberations, the jury found 25-year-old Penny not guilty of criminally negligent homicide related to the death of Neely, a homeless man whom the veteran placed in a chokehold after his erratic behavior reportedly frightened passengers on a city subway train.
While some in the courtroom cheered and clapped when the jury read the verdict, others reacted with anger.
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A court officer had to remove Neely's father, Andre Zachary, who cursed loudly after the jury read the verdict, reports ABC 7, adding that others broke out in tears. Zachary filed a civil lawsuit against Penny, requesting damages for his son's death.
Last week, New York Judge Maxwell Wiley dismissed the manslaughter charge against Penny after the jury failed to reach a unanimous decision. The jury could not consider the criminally negligent homicide charge until they had resolved the more serious charge of manslaughter.
During the trial, the jury heard testimony from passengers aboard the subway train at the time of the incident. One of the witnesses, a 38-year-old woman from Brooklyn, testified during the trial that she thought Neely's threats were "very believable."
Neely, who was often homeless and sometimes earned money through street performances, was yelling and making threats. The Brooklyn woman testified that she believed she was going to die that day in May 2023.
Another witness, an 18-year-old high school student, Morielyn Sanchez, testified that she felt scared but felt a little relief when she saw Penny place Neely in a chokehold.
Throughout the trial, the defense argued that the veteran acted to defend fellow subway passengers from Neely. One video played during court proceedings showed Penny telling New York police detectives that he did not intend to harm Neely and that he had been trying to prevent him from hurting the other passengers.
At the time of his death, Neely had an open warrant for his arrest in relation to a violent attack on an elderly woman. Before his death, the street performer was also under investigation for allegedly pushing someone onto the subway tracks.
Throughout his life, Neely was arrested over 40 times for multiple assaults, attempted child abduction, drugs and indecent exposure, according to reports.
Prosecutors argued that Penny used too much force when restraining the 30-year-old homeless man. One of the prosecution's witnesses during the trial included Dr. Cynthia Harris, the medical examiner who performed Neely's autopsy.
Harris had ruled that Neely died due to the chokehold based on the autopsy and video of Penny restraining the homeless man. She also testified that Neely had a sickle cell trait that is typically benign. According to the medical examiner, Neely being in a "low oxygen situation" resulted in his death.
While a toxicology report showed that Neely had a synthetic cannabinoid known as K2 in his system, Harris stood by her assessment, noting the challenges with testing for K2 due to the limits of current technology.
The medical examiner argued during the defense's cross-examination that she would not change her opinion, even if Neely had enough fentanyl in his system to take down a small elephant.
According to the New York City Department of Health and Mental Hygiene, the side effects of K2 are often unpredictable because the chemicals used can vary from packet to packet. The adverse health effects associated with K2 include paranoia, rapid heart rate, kidney failure, vomiting and reduced blood supply to the heart.
A pathologist the defense called to testify, Dr. Satish Chundru, disagreed with Harris' assessment, arguing that Neely died due to a mix of schizophrenia, K2 use, his medical condition and struggling against Penny's hold. As Harris noted during the cross-examination, medical examiners often disagree on the cause of death, and the science is not always perfect.
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman
