Ex-Marine Daniel Penny acquitted in chokehold death of homeless man on NY subway

Ex-Marine Daniel Penny acquitted in chokehold death of homeless man on NY subway

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A 26-year-old man has been acquitted of homicide for putting an unarmed homeless man in a fatal chokehold, a case that sparked weeks of protests and reignited debates over public safety, mental illness and race.

Jurors deliberated for five days before declaring Daniel Penny not guilty beyond a reasonable doubt in the death of 30-year-old Jordan Neely on a New York City subway train on 1 May 2023.

The verdict comes after prosecutors agreed to drop a more serious charge of second-degree manslaughter on Friday, as jurors could not reach an agreement.

The move allowed the jurors to move on to consider the second lesser charge of criminally negligent homicide.

The verdict, announced on Monday, was met with loud applause in the Manhattan court. Mr Penny – who served four years in the Marines before studying architecture – appeared to smile while his attorneys hugged.

“We couldn’t be more pleased that a jury of Danny’s peers acquitted him of any wrongdoing,” his lawyers said in a statement afterwards.

“New Yorkers can take some comfort in knowing that we can continue to stand up for one another without sacrificing our rights or our freedoms.”

Mr Neely’s father, Andre Zachery, was removed from court for shouting after the verdict. Chants of “no justice, no peace” could be heard echoing outside.

“It hurts. It really, really hurts,” Mr Zachery said outside court. “What’s gonna happen to us now?
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