Daniel Penny has been found not guilty of criminally negligent homicide in the chokehold death of Jordan Neely on a New York City subway car in 2023.
Penny, a 26-year old Marine veteran, pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide.
On Friday the judge dismissed the manslaughter charge when the jury could not reach a unanimous verdict, and deliberations began Monday morning on the negligent homicide charge.
About the charges
In order to have been convicted of manslaughter, prosecutors had to prove:
- Penny caused Neely’s death
- That he did so recklessly
- That he was not justified
In order to be convicted of criminally negligent homicide, prosecutors had to prove:
- Penny caused Neely’s death
- That he did so with criminal negligence
- That he was not justified
