Former Marine Daniel Penny was acquitted on Monday in the death of a street performer on the New York subway.
Penny was facing a single charge of criminally negligent homicide after the judge dismissed the more serious second-degree manslaughter charge on Friday due to a deadlocked jury.
“The jury carefully deliberated for four days. They requested readbacks of testimony and asked for video footage to re-watch, as well as written definitions of the law. Their lengthy deliberation – and the totality of the facts and the evidence – underscored why this case was put in front of a jury of Mr. Penny’s peers," said Manhattan District Attorney Alvin Bragg. "The jury has now spoken. At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict."
Penny claimed he was defending other passengers on the subway in May 2023 when he choked Jordan Neely. The Michael Jackson impersonator was apparently acting erratically and shouting about being hungry and being willing to die, kill or go to jail.
During the trial, prosecutors argued that Penny acted recklessly by maintaining a chokehold on Neely for about six minutes.
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Penny, 26, did not testify during the trial. However, his defense team argued that the former Marine’s sole intention was to subdue Neely until police arrived.
The case sparked a nationwide debate as communities grapple with issues of homelessness, public safety, and vigilantism.
Following Neely’s death, demonstrations broke out across New York City, with activists demanding justice. At the same time, Penny garnered significant public support, raising millions for his legal defense fund.
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