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.