In May 2023, a subway performer named Jordan Neely died after being held in a chokehold by a man named Daniel Penny. As a result, Penny was charged with manslaughter and criminally negligent homicide, both of which he pleaded not guilty to. His trial has sparked debate about subway safety in New York City, the line between self-defense and senseless killing, and racism, since Penny is white and Nelly was black. Penny’s trial commenced in late 2024, and in December, the jury could not reach a verdict.
Learn more about Penny’s trial, below.
Who Is Daniel Penny?
Penny is a military veteran, having served in the Marine Corps for four years. Afterward, the 26-year-old pursued a degree in architecture at the New York City College of Technology.
Upon being charged with manslaughter, Penny pleaded not guilty to the charges and defended his actions by claiming that Neely was behaving violently on the subway. Penny further claimed that by holding Neely in a chokehold, he was trying to protect other subway riders as well as himself from Neely’s alleged erratic behavior.
Penny defended himself by claiming, “The three main threats that he repeated over and over [from Neely] was, ‘I’m going to kill you,’ ‘I’m prepared to go to jail for life,’ and ‘I’m willing to die.’ I was scared for myself, but I looked around, I saw women and children. He was yelling in their faces. … I didn’t want to be put in that situation, but I couldn’t just sit still and let him carry out these threats.”
He also denied the allegations of racism, noting, “Some people say I was trying to choke him to death, which is also not true. I was trying to restrain him. You can see in the video, there’s a clear rise and fall of his chest. I didn’t see a Black man threatening passengers. I saw a man threatening passengers, a lot of whom were people of color.”
BREAKING: The jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely on the New York City subway. pic.twitter.com/nOlMvqvHri
— ABC News (@ABC) December 6, 2024
Who Was Jordan Neely?
Neely was a 30-year-old subway performer in New York City recognized for his Michael Jackson impersonations. According to CBS, he struggled with mental illness and homelessness.
Was Daniel Penny Found Guilty?
Penny has not been found guilty at the time of publication because the jury is deadlocked. In early December 2024, jury deliberations dragged on for four days before they sent a note to the judge, which revealed they couldn’t reach a unanimous decision.
What Does a Hung Jury Mean?
The term “hung jury,” a.k.a a “deadlocked jury,” is when a jury doesn’t unanimously agree on a verdict. A hung jury typically results in a mistrial.
Is Daniel Penny Going to Prison?
Penny’s fate is still unclear after the jury struggled to decide on a verdict.