NEW YORK — Daniel Penny was acquitted Dec. 9 by a 12-member jury in New York City, concluding a closely watched trial surrounding the death of Jordan Neely, a homeless man. Neely tragically lost his life on a subway train 19 months ago, leading to controversial charges against Penny by District Attorney Alvin Bragg.
Penny, a 24-year-old college student and former Marine, contended with severe scrutiny following his intervention in a distressing situation. Neely, who at the time was 30 years old, had appeared aggressive, throwing his jacket and threatening passengers as he burst into the subway car. His actions prompted immediate fear among the commuters.
Witnesses recounted the intense moments that led up to the altercation. Caedryn Schrunk labeled the episode as “satanic,” articulating the palpable fear she felt. Other passengers, like Lori Sitro, took drastic measures, using a stroller as a shield for her child, and Alethea Gittings expressed her terror.
Penny responded by restraining Neely, an action he described to detectives as an attempt to “de-escalate” the increasingly volatile situation. Despite the intervention by Penny and help from other passengers, Neely was declared deceased at a hospital shortly after the police arrived and administered aid, including CPR and Narcan, an opioid overdose antidote.
The legal proceedings, colored by debates over racial bias and law enforcement responsibility, spotlighted Penny’s actions, labeling them from heroic to excessive. Mayor Eric Adams remarked earlier in the month, arguing against the criminal charges and emphasizing the communal fear and response during the incident.
During the trial, criticism escalated against DA Bragg’s handling of the case, portraying Penny’s actions as racially motivated violence. This narrative was echoed by figures such as Congresswoman Alexandra Ocasio-Cortez and Congressman Jamal Bowman, with language that intensified the public discourse.
Video and witness testimonies at the trial challenged the prosecution’s assertions. Forensic experts like Dr. Satish Chundru disputed the claim that a chokehold led to Neely’s death, citing a combination of factors including a reaction to synthetic marijuana and Neely’s severe mental health issues.
The nuanced case unraveled over a seven-week trial, concluding without evidence supporting the portrayal of Penny as racially motivated in his actions. After days of deliberation beginning on Dec. 3, the jury returned with a not guilty verdict, rejecting the most serious charges and leaving the lesser count of criminally negligent homicide to be considered, which Penny was also cleared of shortly thereafter.
This trial encapsulates broader societal challenges, including the handling of mental health crises and homelessness. Neely had a complex history of mental health disorders and drug abuse and had been in and out of the criminal justice system. His death underscores a larger systemic failure to address these critical community issues adequately.
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