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Jury finds Daniel Penny not guilty of negligent homicide in chokehold trial

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Former U.S. Marine Daniel Penny was found not guilty of criminally negligent homicide in the death of Jordan Neely by a jury on Monday, Dec. 9. After deliberating for more than 24 hours over five days, the jury reached the verdict.

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Jurors deliberated over whether Penny committed criminally negligent homicide when he put Neely in a chokehold on a New York City subway in May 2023.

The jury had been deadlocked on another charge of manslaughter last week, but at the request of prosecutors on Friday, Dec. 6, Judge Maxwell Wiley dropped the second-degree manslaughter charge and ordered the jury to focus on the lesser charge of negligent homicide.

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Both were felony charges and carried with them years behind bars if Penny were to be convicted.

Prosecutors accused Penny of killing Neely when he placed him in a six-minute chokehold, and the city’s medical examiner said Penny’s chokehold killed Neely.

However, the defense contended Neely died from drug use and a previous medical condition.

Penny’s lawyers said he meant to save subway passengers from Neely, who witnesses say was acting erratically and yelling when he entered the subway.

Prosecutors argued Penny acted with too much force against Neely, who had schizophrenia.

The case has been subject to protests among advocates for a guilty verdict and advocates for a not-guilty verdict.

Fox News reports that before deliberations began on Monday, demonstrators for and against Penny’s acquittal argued outside of the courthouse.

The noise from the protests outside could reportedly be heard inside the courtroom, and Penny’s lawyers argued they could be viewed as threats against the jury, citing statements from protesters like, “If we don’t get no justice, we don’t get no peace.”

Assistant Manhattan District Attorney Dafna Yoran responded by saying, “There were no threats to the jury.”

Judge Wiley said he would allow the jury to continue deliberations. However, he noted, if there were any more interruptions, he would call both legal teams back to the bench.

Neely’s father told reporters after the verdicts outside the courthouse that he believed the “system is rigged,” but called on everyone upset with the verdict to “help one person,” adding, “that’s how we beat the system.”

Meanwhile, supporters of Penny, like former public defender Maud Maron told Fox News that jurors “got it right” and asserted Penny should have never been facing charges in the first place.

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[LAUREN TAYLOR]

A NEW YORK JURY ON MONDAY FOUND FORMER U-S MARINE DANIEL NEELY NOT GUILTY IN THE SUBWAY DEATH OF JORDAN NEELY.

THE ACQUITTAL ON NEGLIGENT HOMICIDE CHARGES COMES AFTER THE JUDGE DISMISSED A MORE SERIOUS CHARGE OF SECOND-DEGREE MANSLAUGHTER LAST WEEK AFTER THE JURY DEADLOCKED. 

IN MAY OF 2023, PENNY PUT NEELY IN A SIX MINUTE CHOKEHOLD AFTER WITNESSES ON THE NEW YORK CITY SUBWAY SAY NEELY ENTERED THE CAR MOVING ERRATICALLY AND YELLING.

BUT PENNY’S LAWYERS SAY HE NEVER INTENDED TO KILL NEELY.

THEY ARGUED PENNY ACTED TO PROTECT PASSENGERS WHILE PROSECUTORS CONTENDED USED EXCESSIVE FORCE AGAINST NEELY, WHO SUFFERED FROM SCIZOPHRENIA. 

PENNY’S LAWYERS SAIDNEELY DIED FROM A COMBINATION OF DRUGS AND A PREVIOUS MEDICAL CONDITION, NOT THE CHOKEHOLD.

PENNY DID NOT TESTIFY DURING THE TRIAL.

THE INCIDENT GAINED NATIONAL ATTENTION, WITH SOME ACTIVISTS SAYING NEELY, WHO WAS BLACK, WAS THE VICTIM AND PENNY HAD BEEN ACTING AS A WHITE VIGILANTE.

WHILE SUPPORTERS OF PENNY CALLED HIM A HERO, WHO HELPED PROTECT PASSENGERS FROM NEELY, WHO REPORTEDLY HAD A CRIMINAL HISTORY.

THE CASE SPURRED DUALING PROTESTS, INCLUDING DEMONSTRATIONS MONDAY BEFORE AND AFTER THE VERDICT WAS ANNOUNCED.

[L3: HAWK NEWSOME]

“SO, THIS CASE AIN’T ABOUT DANIEL PENNY BEING INNOCENT, THIS CASE IS ABOUT JORDAN NEELY DESERVING TO DIE. AND UNFORTUNATELY, A LOT OF PARTS OF WHITE AMERICA WISHES THAT WE ALL WOULD DIE.” 

[LAUREN TAYLOR]

NEELY’S FATHER TOLD REPORTERS HE BELIEVED THE “SYSTEM IS RIGGED” FOLLOWING PENNY’S ACQUITTAL.

BUT CALLED ON EVERYONE UPSET WITH THE VERDICT TO “HELP ONE PERSON,” ADDING, “THAT’S HOW WE BEAT THE SYSTEM.”

SUPPORTERS OF PENNY PRAISED THE VERDICT WITH FORMER PUBLIC DEFENDER MAUD MARON TELLING FOX NEWS, JURORS “GOT IT RIGHT” AND SAYING PENNY SHOULD’VE NEVER BEEN CHARGED TO BEGIN WITH. 

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FOR STRAIGHT ARROW NEWS– I’M LAUREN TAYLOR.