HOMICIDE: Daniel Penny
- Yasmin Sudarsanam
- Feb 22
- 4 min read
Trigger Warning: The following case includes depictions of graphic violence. Please read at your own discretion.
In the past, we’ve covered cases that sparked protests and riots nationwide over racial violence, police brutality, and other instances of injustice. Today’s case was similar, causing outrage after the individual responsible for another’s death was acquitted following a divisive trial. This is the story of Daniel Penny.
Daniel Penny, born in 1999, was a Marine veteran, serving as a sergeant from 2017 to 2021 with his last assignment at Camp Lejeune in North Carolina. At the time of today’s case, he was a student in engineering and Architecture at New York City College using the GI bill, which offers benefits to veterans regarding pursuing higher education.
On May 1, 2023, Penny was heading to the gym from classes at the New York City College when Jordan Neely “barreled” onto the train he was on, demanding food and drink and claiming he was willing to hurt people if his demands weren’t met. Neely, a thirty-year-old street artist, had a history of homelessness, mental illness, and drug use. Unfortunately, his life had spiraled out of control after his mother was murdered when he was just a teenager, and he subsequently faced a series of psychiatric hospitalizations and criminal convictions, including on charges of assaulting people at subway stations.
Within a minute of Neely’s entrance, Penny forced him to the ground. He would later claim he believed Neely was under the influence of drugs at the time and that he was hoping police would soon arrive and take over, but police took several minutes to arrive on the scene. By the time they did arrive, Penny had been restraining a now-unresponsive Neely for nearly six minutes, and he passed away not long after. In his statement taken soon after, Penny claimed he had to restrain Neely because he was “extraordinarily strong” and had mentioned wanting to kill someone. Thus, he was worried Penny would attack him or someone else and acted to protect those in the train.
Prosecutors charged Penny with criminally negligent homicide as well as the more severe charge of second-degree manslaughter, which carried a potential sentence of fifteen years behind bars. The lead up to his trial was divisive amongst politicians, with many Democratic congresspeople questioning New York City’s methods of protecting the homeless and mentally-ill members of the population. On the other hand, prominent Republicans, not limited to but including Governor Ron DeSantis of Florida, praised Penny, even going so far as to promote a fundraiser that sought to ease the financial burden of hiring a defense team. Penny’s defense team included prominent attorney Thomas Kenniff, a Republican who unsuccessfully ran for Manhattan District Attorney in 2021.
When his trial finally arrived, Penny did not testify in his own defense, and although several witnesses testified that they heard Neely say he was willing and ready to go to jail, no one heard him explicitly state he intended to kill anyone, contrary to Penny’s initial statement. Prosecutors claimed that Penny went beyond the reasonable use of force for self-defense in maintaining the chokehold even after Neely stopped moving. While they acknowledged Neely’s role in provoking the conflict, the Manhattan District Attorney’s Office said that Penny had continued to restrain Neely even after the threat was neutralized, meaning that his use of deadly force was not justified and he could have protected himself and those around him without causing Neely’s death.
When it came to expert testimony, the medical examiner who testified for the prosecution found that Neely had died as a direct result of the chokehold. However, the defense countered with testimony from their own forensic pathologist, who claimed that Neely died due to a combination of factors, including schizophrenia, synthetic marijuana, and stress from the encounter with Penny.
The jury took a while to deliberate, asking the judge to clarify what constituted a “reasonable person” as well as to review the police and bystander video of the encounter. In addition, they asked the judge to re-read the criminal definitions of recklessness and negligence which were crucial to the charges.
Ultimately, Penny was acquitted on the negligent homicide charge, and Judge Maxwell Wiley dismissed the second manslaughter charge after jurors failed to come to a verdict. After the acquittal, other prominent politicians including Vice President JD Vance commented on the case, with Vance posting on X that “justice was done in this case” and condemning the prosecution of Penny.
However, Penny still faces a civil lawsuit from Neely’s father, which is one way for families to seek justice and reparations outside of criminal court, especially because civil court cases have a lower burden of proof than criminal charges, which typically abide by “beyond a reasonable doubt.” The suit alleges negligent contact, assault, and battery that resulted in Neely’s death. The most recent news on this suit is that Penny filed a motion to dismiss it, denying all the claims and stating that all injury and damages were caused by Neely’s own negligence and carelessness.
Neely’s death and Penny’s acquittal instigated national protests, mirroring those surrounding past instances of racial injustice and police misconduct. Despite the acquittal, Neely’s tragic death and the subsequent trial remains divisive: did Penny act in self-defense or in a negligent and potentially even malicious manner? The case is a manifestation of the ever-present debate over racial injustice, homelessness, and mental health crises in America.
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