VET DANIEL PENNY HAS BEEN FOUND NOT GUILTY IN NYC SUBWAY TRIAL
On May 1, 2023, Jordan Neely was killed by Daniel Penny, allegedly. Respectfully, we have to put that. However, the ongoing case is a fairly complex one considering the social climate in which the incident occurred. The Veteran likely faces a long legal road where some are seeking justice for Neely. On the other hand, some feel Penny’s actions are completely justified. In case you haven’t been following the Daniel Penny trial, Penny is white, Neely is Black, and if you think that doesn’t matter here, you haven’t been paying attention. In October of 2024, jury selection began. Now, as the year comes to a close, the judge in this high-profile case has dismissed the first count, manslaughter, against him. Here's what we know.
Who Is Daniel Penny?
Daniel Penny served in the U.S. Marine Corps before his honorable discharge in 2021. While it’s a bit unknown about much else, Daniel Penny is in the spotlight of a somewhat high-profile case involving the death of Jordan Neely on the F train in SoHo.
Following multiple deployments in the Mediterranean, Penny would separate from service. As a civilian, he put Neely in a chokehold after pinning him to the ground with others. The exact amount of time Daniel Penny held the chokehold is fuzzy, but the estimation is at least 3 to 6 minutes.
The altercation occurred after Neely was seen asking for money and shouting in a subway in New York City. By some accounts, Penny was helping to defend a woman from Neely, but others claim Neely was a street performer asking for money.
An Ongoing Trial
On March 20, 2024, Penny was back in court after a judge's decision to keep the trial moving forward. The decision was met with mixed opinions and plenty of demonstrators outside of the courtroom.
Unfortunately, Neely struggled with homelessness, stemming from his ongoing mental health issues. While there are some calling Daniel Penny a racist, others view him as a hero who helped defend those on the subway that day.
Where Is Daniel Penny Now?
Penny is standing trial in New York City, as jury deliberations are underway. Currently, 5 men and 7 women are weighing whether Penny is guilty of criminally negligent homicide. If Penny is convicted, he was face up to four years in prison.
Daniel Penny & the Process of Jury Selection
On Monday, October 12, 2024, jury selection began for the Manhattan trial. Out of the 86 potential jurors brought in, most were familiar with the case, as to be expected.
Outside of the courthouse, Penny was met by protesters supporting Neely.
However, New York Supreme Court Justice Maxwell Wiley reminded jurors they could serve even if they had formed opinions, as long as they were open to changing them.
By midday, there were 58 jurors excused with 28 asked to come back for more questioning. Additionally, more potential jurors were brought in and more questions were asked.
Both prosecution and defense motions to suppress evidence were denied, allowing all evidence to be presented during the trial.
Penny’s defense argues he didn’t intend to kill Jordan Neely, citing Neely’s threats and other potential causes of death, including the synthetic drug K2 in Neely’s system.
On the other hand, prosecutors maintain Penny’s actions were reckless, even if there was no intent to kill.
Now, it will be the job of the jury to hear the facts and determine whether or not Penny is guilty as charged.
Whether Daniel Penny is guilty or innocent will be found in what should be a very public trial. Until then, it’s our job to remain patient and allow the American justice system to work as it was intended before levying judgment, as everyone is presumed innocent until proven guilty.
Daniel Penny Found Not Guilty
On December 9th, 2024 a Manhattan jury found Penny not guilty, clearing him on a criminally negligent homicide charge. Penny was initially charged with manslaughter, and was taken into custody and released after Neely's death. Shortly after he went to trial and pleaded not guilty.
The judge overseeing the case, Judge Maxwell Wiley has dismissed the charge of manslaughter after jurors told the court that they were unable to reach a unanimous verdict on the count.
Penny's lawyers argued that his actions were out of self defense as he was protecting himself and others. His defense relied on the fact that he was a Marine, and found it his duty to protect others. The defense also disputed the fact that Neely died from Penny's chokehold, as they claimed he died of a sickling crisis from his sickle cell trait.
After the verdict was read in the courtroom applause broke out and Penny was seen smiling. Andre Zachary, the father of Neely, was escorted out of the courtroom after an outburst that included expketives, according to a CNN report.
Neely's father has since filed his own civil lawsuit against Penny, accusing him of negligence, assault and battery in the death of his son.
How to Donate to Daniel Penny
Rendering a Penny verdict may be a long way away as the legal process plays out. Because of this, legal expenses are likely to skyrocket for Penny. However, many in and outside of the military community looking for ways to support him.
At the time of this writing, the GiveSendGo campaign set up in lieu of a Daniel Penny GoFundMe, is over $3 million. Daniel Penny deserves a fair trial and the family of Jordan Neely deserves the truth. Hopefully, this trial will bring a minor resolution to a complex, heartbreaking situation for all.
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