By Michael Washburn
NEW YORK CITY—A Manhattan jury on Dec. 9 acquitted Daniel Penny of criminally negligent homicide over the death of Jordan Neely, a mentally ill homeless man whom Penny put in a chokehold and wrestled to the ground on a subway in May 2023.
On Dec. 6, Judge Maxwell Wiley agreed to dismiss the top charge of manslaughter in the second degree when the jury could not reach a unanimous decision after three days of deliberation.
As soon as the jury foreperson said “not guilty,” cheers and applause briefly rang out near the front of the courtroom before the court officers told everyone to quiet down under threat of removal.
The verdict brings a conclusion to a closely watched trial that took a little more than one month, from voir dire and the seating of a jury at the end of October to witness testimony throughout November up to last week’s closing statements and jury deliberations.
Witnesses all agreed that Neely got onto an uptown F train at Manhattan’s Second Avenue station and immediately began screaming that he was hungry, homeless, and did not care if he went back to prison.
Their testimony differed slightly as to the explicitness of Neely’s threats. Some said he had cried out that he was willing to hurt others if they did not give him what he sought.
Lori Sitro, who had her small son with her on the train when Neely got on, said Neely’s conduct made her fear for the boy’s safety so much that she placed his stroller in front of the boy to shield him from Neely.
The boy was too small to move quickly off the train with her, according to Sitro. She expressed gratitude toward Penny for taking swift action to protect passengers…
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