Massive protests erupted outside of the New York City courthouse where Daniel Penny was declared not guilty in the chokehold death of Jordan Neely in May 2023. In what was called ‘George Floyd 2.0 moment’ on social media, protesters denounced the verdict of the caught-on-video killing. The panelists acquitted Penny of criminally negligence homicide aboard a crowded uptown F train in May 2023. “We the jury have come to a unanimous decision on county two,” the foreperson on the jury told the courtroom.
“Racist f**king country,” one Black Lives Matter supporter yelled as she left the room. Another Neely supporter, turning to Penney, screamed, “It’s a small world, buddy,” before leaving the room.
The jurors sided with POenny’s defense attorneys who argued whether there was sufficient evidence that the chokehold caused Neely’s death. “The guy with the earbuds minding his own business who you know would be there for you if something happened? Or perhaps you just hope that someone like Jordan Neely does not enter that train when you are all alone, all alone in a crowd of others frozen with fear?”
The acquittal comes after jurors heard from more than 40 witnesses, including passengers who described Neely’s terrifying outburst on the train before Penny approached him from behind and took him down at the Broadway-Lafayette station.
Neely boarded a subway under Manhattan on May 1, 2023, hurled his jacket onto the floor, and declared that he was hungry and thirsty and didn’t care if he died or went to jail, witnesses said. Some told 911 operators that he tried to attack people or indicated he’d harm riders, and several testified that they were afraid but he was unarmed.
Penny came up behind Neely, grabbed his neck, took him to the floor and “put him out”.
