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Daniel Penny is a former U.S. Marine who gained national attention for his involvement in the death of Jordan Neely, a homeless man in New York City, on May 1, 2023. Penny was accused of manslaughter and criminally negligent homicide after Neely, who was reportedly exhibiting erratic behavior on a subway train, died following a physical confrontation. Penny, who was seated on the train with other passengers, intervened and restrained Neely in a chokehold for several minutes. The incident sparked debate over issues of public safety, homelessness, and the use of force in self-defense.

The case concluded with Penny facing criminal charges, which eventually led to a trial. The legal arguments centered on whether Penny’s actions were justified as self-defense or whether they were excessive. The prosecution argued that Penny had used an excessive and lethal amount of force, while the defense contended that Penny was acting in response to perceived threats posed by Neely’s behavior, which included shouting and making other passengers feel unsafe.

In the trial, key points included whether the threat Neely posed was imminent and whether Penny had acted out of genuine fear for his own safety and that of others. The prosecution sought to establish that Neely was unarmed and did not present a lethal threat, while the defense attempted to argue that Penny’s training as a Marine led him to react quickly in a way that he believed was necessary to protect himself and others.

The case drew attention to broader issues such as the treatment of homeless individuals, public order, and the role of law enforcement and military training in public life. It was also a point of discussion in the ongoing debate over what constitutes self-defense and when force is excessive. Ultimately, Penny was found guilty of one charge and not guilty of others, with the jury determining that his actions went beyond what was necessary to subdue Neely but were not entirely without some level of reasonable fear.

Daniel Penny was acquitted Monday of criminally negligent homicide in the chokehold death of Jordan Neely, a 30-year-old homeless man with a history of mental illness whose final moments on a New York City subway train were captured on bystander video that set off weeks of protests and drew national attention.

The decision, on the fifth day of deliberations, came after the jury deadlocked Friday on the more serious charge of manslaughter, leading the judge to dismiss it. Penny faced up to four years in prison.

As the jury foreperson read the “not guilty” verdict, some observers in the courtroom applauded. Others began to audibly sob and yell, including Neely’s father, Andre Zachery, who was escorted out.

“This is America. That is the sound of Black pain,” one person said outside of the courtroom in Lower Manhattan to the reaction.

Chants of “no justice, no peace,” could be heard echoing from outside.

The case divided people in New York — and beyond — in some cases along political and racial lines. Neely was Black. Penny is white. Some people viewed Penny as callous and his actions as criminal on the day he encountered Neely, who had been shouting and acting erratically when he boarded a subway train in Manhattan on May 1, 2023. Others contend Penny was selfless in his attempt to protect fellow passengers.

Manhattan District Attorney Alvin Bragg said he respected the jury’s verdict. The jury deliberated for about an hour on the criminally negligent homicide charge after about four days spent considering the manslaughter charge.

“Their lengthy deliberation — and the totality of the facts and the evidence — underscored why this case was put in front of a jury of Mr. Penny’s peers,” Bragg said in a statement.

The anonymous jury, made up of seven women and five men, were told before they began deliberating that they had to come to a unanimous decision on the top charge of manslaughter in the second degree before moving on to consider criminally negligent homicide. But Judge Maxwell Wiley changed that order Friday after jurors twice sent a note saying they could not reach an agreement.