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Daniel Penny, the former Marine veteran, was found not guilty in the death of Jordan Neely, a homeless man, in a 2023 incident on a New York City subway. The jury acquitted him of criminally negligent homicide and other charges.
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The tragic incident occurred when Neely, who was homeless, allegedly acted erratically and scared passengers on the subway. Penny responded by placing Neely in a chokehold, which later led to Neely’s death
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Defense attorney Steven Raiser argued that Penny acted to protect other passengers from a "violent and desperate" Neely. They suggested that Neely’s death was caused by a genetic condition and synthetic marijuana in his system.
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Prosecutors claimed that Penny’s actions were reckless, alleging that he squeezed Neely's neck too hard and for too long. They presented video evidence, including footage of the incident from bystanders and body camera footage from officers.
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The medical examiner confirmed that the chokehold contributed to Neely's death. However, the defense maintained that other factors, including Neely's health condition and drug use, played a role in his demise.
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After deliberations, the jury decided to acquit Penny of all charges, concluding that he was not criminally liable for Neely’s death. The decision came after the judge dropped the manslaughter charge on Friday.
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Following the verdict, Penny’s defense team filed a motion for a mistrial, arguing that there had been legal errors in the case. However, the judge denied the motion on Monday, confirming the acquittal.
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