Daniel Penny Acquitted Of All Charges In Jordan Neely’s Death Aboard NYC Subway Train
A Statement from Borough President Vito Fossella on the Acquittal of Daniel Penny
Editor’s note: According to Wikipedia: “On May 1, 2023, in New York City, Jordan Neely, a 30-year-old homeless American man, died after Daniel Penny, a 24-year-old United States Marine Corps veteran, put him in a chokehold. Neely boarded a New York City Subway train at the Second Avenue station just before it departed and reportedly began screaming that he was hungry, thirsty, and needed a job, saying that he was not afraid of going to prison and was ‘ready to die’, threatening people. Juan Alberto Vázquez, a freelance journalist who witnessed the incident, said that Neely removed his jacket and aggressively threw it to the floor, in response to which other passengers moved away from him. Vázquez said that he did not witness Neely assaulting anybody. Other witnesses reported fearing death from Neely’s actions, which including his throwing trash at other passengers and approaching people. Penny then approached Neely from behind and put him in a chokehold.
“Penny maintained the hold after the train had reached its next stop, Broadway–Lafayette Street, while other passengers held the doors open to prevent it from moving. During the chokehold, some bystanders warned Penny about Neely’s health; one told him, “You’re gonna kill him now”, while others helped in holding down Neely until police arrived.[3] Vázquez captured the final three minutes of the hold on video, which shows Penny applying it for nearly a minute after Neely had stopped struggling and gone limp. Prosecutors alleged that the chokehold lasted for six minutes, while Penny said it lasted less than five minutes. An unknown amount of time after Penny released Neely, New York City Police (NYPD) officers arrived. The responding officers stated that Neely had a faint pulse upon their arrival. Neely was given naloxone and cardiopulmonary resuscitation by officers at the scene. Shortly thereafter, the New York City Fire Department transported Neely to a hospital, where he was pronounced dead. Penny was taken for questioning by the NYPD and released without charge several hours later.
“…On May 11, Penny was charged with second-degree manslaughter. He turned himself into the police the next day and was released on bond. On June 14, he was formally indicted by a grand jury. An additional lesser charge of criminally negligent homicide was added on June 28. Penny pleaded not guilty to both charges, under which he faced up to 15 years in prison. Two men shown in Vázquez’s video helping Penny to restrain Neely were not charged. Penny’s trial began with jury selection on October 21, 2024. On December 6, 2024, Penny’s manslaughter charge was dismissed by the trial judge after the jury deadlocked. On December 9, Penny was acquitted on the remaining charge of criminally negligent homicide.”
We are pleased with the verdict reached today in the trial of Daniel Penny.
Just by looking at the facts of the situation, it was clear that Penny was not guilty of the charges brought against him. By the evidence of the case, there were more factors at play in Neely’s death than Penny’s actions, and it is beyond clear that Penny had acted to protect the other riders of the train, including a woman with her child.
That Neely was alive when police first arrived, the short duration of the encounter, and that police questioned Penny and then let him go, lends credence to the fact that Penny did not outright kill Neely. Some passengers even thanked Penny for intervening when they exited the train.
That this case was tried in the first place sent the message that, when you see a woman with a child and stroller being violently harassed, don’t do anything. Just go on reading your newspaper, because if you do anything to help, you may end up being indicted and convicted of a homicide and spend years of your life in jail.
It seems to be the case that cooler heads prevailed during Penny’s day in court.
The fact of the matter is, Penny put his own life in danger in order to protect others he didn’t even know. That could have been anyone from Staten Island on that train.
Penny is a veteran with no criminal record. We view our servicemen as people who protect us, and that’s what he was doing here. Thank you, Daniel Penny, for your service
Banner Image: Daniel Penny walks into a Manhattan courtroom ahead of being acquitted of charges of putting Jordan Neely in a fatal chokehold, Dec. 9, 2024. Image Credit: Ben Fractenberg/THE CITY
BP Vito Fossella
The Office of the Borough President has a responsibility to advocate for the entire Borough of Staten Island and all its residents, and represents the Borough's interests within City government. The Borough President communicates directly with the Mayor and the City Council to emphasize Staten Island’s budget priorities. In addition, the Borough President is responsible for reviewing major land use decisions and proposing sites for city facilities within the Borough. As the chair of the Borough Board, the Borough President leads Staten Island’s City Council delegation and Community Board chairs in the process of reviewing and approving the transfer of public properties to private use. The Borough President’s Office houses the Borough's Topographical Bureau, which maintains the borough’s official maps and assigns street addresses. The Borough President monitors the delivery of city services on Staten Island, and acts as a liaison between residents and city agencies when problems arise to devise solutions. The Borough President is also responsible for appointing one member to the Panel for Educational Policy and one member to the City Planning Commission, as well as some 150 members to Staten Island’s three community boards.
I am torn on this. Citizens are not cops. The jury is deciding to deputize all these Bronson-wannabees out there.
That could reduce crime but a bunch of bozo cop wannabees out there no way. Let the police take action. Restrain with care. Not because you’re going to get hit with charges if the guy dies, but because it’s a human life. My religion says no to that. This was impulse killing. We should not sanction this. Daniel Perrey should not serve time but he should have to do community service.
I get your point. But if he got convicted then would you step up next time or worry that you might go to jail?
-Harris
That shouldn’t matter. You do what’s right. And what’s right shouldn’t ever cause you to go to jail. So it works both ways.
Iv’e watched the full videos as well as the bodycam footage. I don’t like that Jordan Neely said to the PO on arrival “I took him out.” That upsets me. That shows premeditation to cut off the homeless guy’s air or blood.
But besides that, Nelly was holding him until the police arrived. It lasted over six minutes and was hardly a crime of passion. But at the same time this was not ideal.
The homeless man only acted histrionically. People bring up his record but on the train what you have to go by is what he does. He hadn’t yet done anything. Was it a credible threat? was he trying to get back to Riker’s because he was cold and hungry?
I don’t condone this. Because the man is a homeless mental patient, no one really cares. But he didn’t need to die. It was multiple men against one. Why the need for the hands around the neck?
” That shows premeditation to cut off the homeless guy’s air or blood.”
Hardly! If he had said it PRIOR or DURING then yes.
But after the incident it is just a statement of fact.
I hope you’re not some detective. I’d be mortified at the error if that had been me.
BP Fosella I’m with you on this one. Protect the streets and don;t be afraid to stand up to bullies.
Exactly who was bullying whom here though? One man died. That’s what I see. It takes mental gymnastics to see it any other way.
I am not for jails and prisons. I think rehabilitation is important. And, Gorden Neely was a good citizen and a veteran. However, he needs some sort of therapy. He needs to learn to control himself. You can’t go around choking people to death because they seemed threatening, and likely will be. I took martial arts. Choking is a bad way to handle that.
*cough* Lefty. *cough* Of course you’re for rehabilitation. You probably have been sheltered your whole life on the South Shore and never saw a real ghetto scene. There are literal animals out there who will rob their own grandmother. Those mostly men are snakes. Best to be rid of them all. That’s why we need jails. You are too bleeding heart to get it. Sorry that you can’t live in reality. Your idea of a communist utopia where we all pull each other up is a mathematical fallacy!
Racist much?
Racist? I take offense to that.
There are animals of every color shape and size. But make no mistake there are thugs out there and more of them in depressed areas. Just how it goes.
I’m no racist. You throw that around lightly. It’s a big accusation. So stop. And yes they are mostly men. But women are catching up. One stat that was good remaining unequal as far as the sexes go. Now we can’;t rely on women to be more moral or law abiding. Says something about our entire world.
Lefty? I’m more like a Libertarian Anarchist, if you really want to know. I was raised Christian. Jesus would not say it is alright to NOT try to help people. Isn’t what he did a form of rehabilitation but of course entirely religious?
Would Jesus like how you walk around trying to look like a gothic vampire and being proud to be a literal zero? Me, I’d be embarrassed. Get a job.
Huh? Did I miss something? You need social skills.
I see the trolls are feeling emboldened by this anon forum. Please get a life.
Jesus? He’s my Lord and Savoir. He said something…log meet eye…
And yes I am a Goth. And?
I shouldn’t have to say this but…
Please don’t feed the trolls.
Also: Please read the facts on Wikipedia or something before commenting.
That’s the cool thing to be these days, I can only assume. An underachiever. Wow. Parading yourself around as a zero, I assume you’re just another follower.
OK. I admit I got the person’s name wrong. Sorry about that. I don’t work for the news.
As far as my name and looks go, that’s my business. I notice that commenters have a lot to say. I’m not even sure what exactly you have issue with about me. Seems like pretty much everything.
How could you even know that I’m an underachiever? You couldn’t because I’m not! lol
“Exactly who was bullying whom here though?”
Are you being honest with yourself? Maybe you just didn’t read the news reports. The perp was threatening people and getting in their faces threatening death. That means nothing to you?
So you think Jordan Neely needs rehabilitation?
He tried to protect himself and fellow passengers on the subway car.
What will rehab teach him? That makes no sense.
If anything, the man who died should have had some rehabilitation with over forty arrests I’m told. Maybe then he would have had a chance. As it went, he was a lifelong offender.
What will rehab teach him? That makes no sense.
He needs to learn to keep his hands to himself. New Yorkers are loud, brash, and there’s often confrontations. And threats. This was no way to handle this. The fact he was trying to help, OK so what then? The road to hell, my friend…Something about pavement?
“”So you think Jordan Neely needs rehabilitation?””
If anything, the man who died should have had some rehabilitation
You are talking about two different people. The ex-marine is Daniel Perry.
Jordan Neely is the guy who died. Wake up and stop confusing everyone.
It’s Jordan Neely not Gordon Neely.
Name the names.
Name the names? What is you….never mind… It’s supposed to refer to the victims not the perpetrators…
It’s Say Every name.
https://sayevery.name/
Akira Ross, Jordan Neely,Darryl Tyree Williams,Tyre Nichols,Keenan Anderson,Sinzae Reed,Keshawn Thomas,Dante Kittrell,Jayland Walker,Christopher Kelley,Ruth Whitfield,Pearl Young
and all the rest
There is no Gordon Neely.
It’s Jordan Neely. He was a violent mentally-disturbed homeless man. Not a veteran, tho many homeless men are.
The veteran was the man who restrained him after his threatening behavior and words.
Speak softly and carry a big stick.
And when you can’t carry a big stick, at least know how to protect yourself without the stick. Or, get a gun and follow all the laws. At least you can protect your home and business, maybe more now with the new carry laws.
The cops aren’t always going to be there. Face it. But firearms aren’t permitted on trains, anyway. So it’s back to just you and the thug and the metaphorical stick which can’t defend you in the non metaphorical real world, the place the lefties never venture.
Staten Islander comment section approval geniuses, are you going to censor this comment, too? I see you have been holding comments for weeks. That will get a real discussion going. I’m sure you are all dedicated to making sure no actual discussion ever goes on. Momentum squashers! And I wrote some funny comments, people. These non-achieving comment section approval specialists will probably collect my comments and start a totally copied stand up routine. There was ample material. Where did my comments go? I’d love to know.
Hi, Crank.
We are not holding any of your comments. Please be sure to type the correct CAPTCHA code next time. And, afterwards, be sure the comment went through. Our platform security is as high as it gets and that could result in lost comments if your own system is not secure. Type the comment out in a word processor. That’s my suggestion. And, yes, we appreciate your humor and miss you when you don’t bother commenting.
-J.S. Junior Editor
Maybe you weren’t holding Crank’s comments but I did happen to notice that you do just hold all comments for sometimes weeks and then go crazy approving them all at once.
Like yesterday.
After the Crank complained.
Could it be somehow his comments got lost in the meantime? I wouldn’t doubt it.
GUILTY!
I AM FOR HARD JUDGES THAT ARE CONSERVATIVE AND DO NOT GIVE A PASS TO ANYONE.
FOR ANY REASON.
The jury decided. You must live in a cave, my man.
But it was a jury trial so what do you want the judge to have done?
That sounds like the U S S and R.
I AGREE. I ALSO AGREE THAT CAPS LOCK IS CALLED FOR IN THIS SERIOUS MATTER AT HAND RIGHT NOW.
Good decision. Thanks to the BP for weighing in.
Dear Mr. Fosella,
This is the right way. You are correct. We know you are not a bad man. The young people on here just don’t get it. We don’t want ordinary citizens afraid to jump in if they need to to protect other citizens.
Thank you.
C.R.
But a person *SHOULD* be afraid to choke out some random guy on the subway and not giving the Marine a day in jail or guilty on any charges sends a really confusing message. Saying its acceptable to kill just because sends the message that it is o.k. I am not saying that the black dude was in the right. Far from it. If I was there I’d have drop kicked the***********. End of that. Not to kill the guy just let him know to step back. Force has to be a measured thing. It isn’t o.k. for police to choke out and neither should for a regular person out there. The boro prez says everything that is true but I still don’t agree in the end. At the end of the day there’s a dead homeless man. And no one paid any price for that. To tell you the truth I don’t know all the details really because I am not into this sort of thing as entertainment. I do know enough to have seen the video and there is no way the Marine had to keep going. Enough is enough. Is it because the guy who died was homeless and crazy? He still has a right to life I am a Catholic lifelong and I can say taking a life is a bad message to send to the world. Even if he was threatening.
Im with Vito
What would have happened if the homeless man had gotten up and hurt someone? I am sad he died. I am also sad the Marine got in trouble. But in the end he really didn’t. I think it would have been worse if he had to go to jail.
The elephant in the room is that the deceased was high on K2, a full agonist of the anandamide receptor. Very different than even the STRONGEST marijuana/extract/THC product.
Full agonists are not safe. Cannabis is.
K2 is one of the issues. It hits that same receptor, but THC is a partial agonist. You literally can’t OD on weed.
Not so for K2 and Spice.
Not saying an arm around his neck wasn’t a (key) factor but K2 def could have been a major contributor to his death. For the record: I’m not about vigilanteism or decrim of weed. I’m for law and order and LEGALIZED cannabis.