NEW YORK – A Manhattan jury has cleared Daniel Penny of criminally negligent homicide charges. On May 1, 2023, Penny subdued Jordan Neely, a 30-year-old homeless Black man, in a busy New York City subway car. A bystander recorded the incident and it quickly circulated across the internet.
Following Neely’s death, Penny was charged with manslaughter and criminally negligent homicide, to which he pleaded not guilty. In January, Penny’s defense team asked the judge to dismiss his involuntary manslaughter case. The judge denied this request. However, on Friday, the manslaughter charge was dropped as the jury could not reach a unanimous decision.
“We the jury have come to a unanimous decision on count two,” said the jury foreperson. As the verdict of “not guilty” was announced, several audience members erupted in applause while others broke down and began to sob. This included the father of Neely, Andre Zachery, who was then escorted out of the courtroom.
Witnesses reported that Penny smiled as he turned to hug his attorney, Thomas Kenniff.
The jury sided with Penny’s defense, whose argument was that Penny’s actions were justified. The defense centered their case around the idea that these actions protected other subway riders from Neely’s perceived erratic behavior.
As news of the verdict began to spread, protestors outside the courthouse began chanting, “No justice, no peace.” A supporter of Neely yelled to Penny, “It’s a small world, buddy,” before exiting the courtroom.
The judge instructed the jury, which consisted of seven women and five men, to determine if Penny’s actions caused Neely’s death and if those actions were justifiable.
The circumstances of Neely’s death, Penny being a white man and Neely being Black, divided New Yorkers. Some view Penny’s action as callous while other believe he protected public safety.
Systemic roots in anti-Blackness
In America, mental illness, homelessness, and Blackness too often intersect as factors that lead to premature death. There are numerous examples of Black individuals enduring these predicaments and meeting untimely ends.
In March of 2024, the family of 15-year-old Ryan Gainer called emergency services as their son suffered from a mental health episode. Gainer was diagnosed with autism and the family had requested help several times. When San Bernardino County officers arrived at the home, Gainer approached them. Police responded by shooting Gainer three times. He was pronounced dead at the scene.
In 2020, Oklahoma City Police shot and killed Bennie Edwards, a Black homeless man. Like Neely, observers reported Edwards exhibiting erratic behavior. As Edwards attempted to flee, officers fatally shot him three times.
While these are only two examples, they perpetuate a need for social justice in communities across America. Jordan Neely’s case differs from others due to the fact that it was not the police responsible for his death.
Parallels can be drawn to Ahmaud Arbery, who was killed in a racially motivated hate crime while jogging in a Georgia neighborhood. Additionally, the story of Trayvon Martin, a Black teenager killed by a neighborhood watchman in Sanford, Florida, has striking similarities.
Neely’s life and death
Jordan Neely, 30, was known for his entertaining dance moves he often performed on the subway and in Times Square. Growing up in New Jersey, he struggled with the fact that his mother was murdered when he was 14 years old. After her death, he was placed in the foster care system and suffered from mental health disorders.
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On May 1, 2023, Neely entered a subway car while experiencing a mental health crisis. Although he was heard yelling that he didn’t have food or water, he did not physically assault anyone.
Following his outburst, Penny, a former U.S. Marine, placed Neely in a chokehold. One witness, Juan Alberto Vazquez, recorded the altercation.
In an interview with NBC New York, Vazquez claimed the chokehold lasted for 15 minutes. Prosecutors later said it was closer to six. Two other men aided Penny by holding down Neely’s arms and legs. Following the incident the New York City Police and Fire departments both arrived on the scene. Neely was transported to Lenox Hill Hospital where he was pronounced dead.
Penny did what was necessary to protect the public. Someone should have started a Go Fund Me for his legal expenses.
What MAY have been necessary was a submission hold until proper authorities arrived; which was possible, being there were three people holding Mr. Neely down. At that moment, applying any ‘hold’ that restricted breathing and/or blood-flow to the brain was unnecessary and intentional.