The verdict brings an end to a controversial case that drew national and international attention.
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 of last year.
On Friday, Judge Maxwell Wiley had 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.
The verdict brings a conclusion to a closely watched trial that took a little over one month, from voir dire and the seating of a jury at the end of October to witness testimony throughout November up to this week’s closing statements and jury deliberations.
Witnesses were unanimous 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 at Second Avenue, 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, Sitro said, who expressed gratitude toward Penny for taking swift action to protect passengers.
Sitro’s testimony was consistent with that of others present, such as Yvette Rosario, who said Neely’s conduct scared her so badly she thought she might pass out, and she placed her head on a friend’s chest.
Dan Couvreur said the incident went far beyond other tense moments he had experienced on the subway.
Another witness, Alethea Gittings, called Neely’s words “very loud, very menacing, very disturbing,” and thanked Penny for stepping in to protect her and others on the train.
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