West Islip native Daniel Penny was acquitted earlier this week on criminal negligence charges. Jury deliberations began last week for the Penny trial which was being held in a lower Manhattan courthouse. Penny faced second-degree manslaughter and criminal negligence charges for placing Jordan Neely in a fatal chokehold in May 2023.
Earlier this week on Dec. 9, the jury acquitted Penny of the charges, finding him not guilty in the death of Neely.
After boarding a northbound subway, Neely began acting erratically, becoming violent and shouting at passengers. Shortly after, Penny approached Neely from behind and placed him in a chokehold. Neely died after being placed in a minutes-long chokehold.
Jury selection began on Oct. 21. The anonymous jury for the trial consisted of five men and seven women. On Nov. 1, jurors heard opening statements for the trial before closing arguments began on Dec. 2.
The jury began its deliberations on Dec. 3, and couldn’t come to an agreement on the charges against Penny. On Dec. 6, the judge dismissed the manslaughter count toward Penny after the jury couldn’t reach a decision twice, and was deadlocked. Deadlocked means that the jury was unable to come to an agreement and reach a verdict.
As a result of the judge’s motion to dismiss the manslaughter charge, the jury decided earlier this week on a lesser charge of criminal negligence. If he had been convicted, Penny’s punishment could range from probation to up to four years in prison.
“What that means is you are now free to consider count two. Whether that makes any difference or not, I have no idea,” Judge Maxwell Wiley said according to ABC News.
However, by Monday afternoon, the jury reached a verdict, releasing Penny of all charges.
Witnesses for the trial have consisted of police, witnesses, pathologists, who study human tissue and bodily fluids. Penny’s friends and family members also testified, including a Marine Corps instructor who trained Penny and other Marines. Penny decided not to testify.
Prosecutors claimed that Penny used a prolonged amount of force, resulting in Neely’s death. However, Penny’s lawyers have claimed that Penny was protecting himself and those around him by apprehending Neely who was behaving violently.
