Black people across the country are speaking out after a jury in New York acquitted Daniel Penny of negligent homicide after he killed a Black homeless man on a subway in May 2023.
Activists and relatives left the courtroom and took to the streets in New York when the month-long trial ended Monday, December 9, with a not-guilty verdict against Penny, 26. He had held Jordan Neely, 30, a Michael Jackson impersonator, in a chokehold that lasted six minutes and resulted in Neely’s death.
Neely’s father, Andre Zachery, was escorted out of the courtroom after the verdict was read. Zachery described the system as “rigged.”
He also said, “I just want to say I miss my son. My son didn’t have to go through this. I didn’t have to go through this either. It hurts, really, really hurts.”
Chants of “no justice, no peace” reportedly could be heard echoing from outside.
Jurors deliberated for four days before the verdict was announced. Penny faced four years in prison had he been convicted of negligent homicide; he faced 15 years in prison for second-degree manslaughter. Judge Maxwell T. Wiley dismissed that charge on December 6 when jurors remained deadlocked during deliberations.
The case renewed racial and class divisions in New York and raised concerns about services, resources, and the treatment of mental illness, which afflicted Neely throughout his life.
Activists are concerned the verdict will set a dangerous precedent of vigilantism, allowing people to take matters into their own hands, as did Bernard Goetz, a New Yorker who shot four Black teenagers on the subway in 1984 to protect himself from being mugged.
Now, 40 years later, Penny is being hailed as a hero by white supporters, who donated more than $3 million to his legal defense.
A former marine, Penny, who is white, and his lawyers celebrated the verdict at a bar in New York while Black leaders and activists spoke out against the verdict.
The NAACP, in a statement, said it was “deeply disappointed by today’s jury decision in the tragic death of Jordan Neely.
“This case sets a dangerous precedent by embracing vigilantism and disregarding the sanctity of human life. Let’s be clear – mental health crises are medical emergencies, not crimes.
“America has yet again criminalized our community and subverted accountability. We remain resolute in our commitment to ensure that Black Americans receive the mental healthcare they deserve and our humanity is respected under the law.”
Reverend Al Sharpton, president of the National Action Network, said in a statement, “Today’s verdict in the Jordan Neely case does not change what we have known to be true in our hearts since the very beginning: Jordan Neely’s life was brutally taken away because of unnecessary vigilantism.
“This kind of behavior was inexcusable 40 years ago when Bernhard Goetz opened fire in a subway car, and it remained the case more than a year ago when Daniel Penny took Jordan’s life. Jordan was in the middle of a mental health crisis, but instead of being offered a helping hand, he got an arm around his neck.
“This verdict represents the blatant legalization of civilian vigilantism, sending a dangerous message that citizens can now take matters into their own hands, even if it leads to someone’s death. That is a threat to all of us.
“We fought this 40 years ago with Goetz, we fought it when Eric Garner was killed, and we will continue to fight it today. When I eulogized Jordan in Harlem last May, I made it clear that his family wasn’t asking for favors – they wanted justice. Jordan’s loved ones were denied justice today.”
The verdict sparked criticism of Manhattan District Attorney Alvin Bragg, whose prosecutors argued Penny held Neely in a chokehold too long and should be held accountable for his actions. However, the jurors disagreed and said Penny did nothing criminal during the confrontation.
In a statement, Bragg said, “The jury has now spoken. At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict.
“Unfortunately, over the duration of this trial, talented career prosecutors and their family members were besieged with hate and threats – on social media, by phone and over email. Simply put, this is unacceptable, and everyone, no matter what your opinion on this case, should condemn it.
“These are prosecutors who have dedicated decades of their lives to public service and to the safety of Manhattan. I am grateful to them, as well as to the NYPD for their hard work and commitment on not only this matter, but for all they do on behalf of New Yorkers.
“I also want to thank Judge Wiley for presiding over this case. Finally, I want to thank the members of the jury who took time out of their lives to diligently evaluate the evidence.”
On Chicago radio station WVON 1690 on Tuesday, callers expressed disappointment at the verdict, and many questioned why passengers didn’t pull Penny off Neely when they saw Neely losing consciousness.
“If I was on the subway and saw him (Neely) put in a chokehold, I would have stopped him and stopped recording,” said Bruce Carter, a political activist in Texas. “We do too much recording and not do anything. You got to man up and do what’s right.”
Patrick, another caller, said, “The verdict is the verdict. There was a time when men were men. We got a problem with our people because there’s no way in hell that a Black man would allow that to happen.”
Tony, another caller, said “the Black man was lynched and the white man got away with it. The white man murdered him.”
Still, another caller said, “What he (Penny) did was excessive. He knew what the outcome was going to be. This whole situation in the courts is the same way streets are policed.”
Neely’s medical records, videos, bodycam footage, and testimony from over 30 witnesses, including the City’s Office of the Chief Medical Examiner, were presented in court.
While prosecutors spent most of the trial focusing on Penny’s chokehold, Penny’s lawyers argued that the chokehold was not the only thing that killed Neely.
A defense expert testified that Neely’s death was caused by a combination of factors, including schizophrenia, sickle cell anemia, and the presence of a synthetic drug.
Penny initially told police that he wrapped his arm around Neely’s neck, took him to the floor, and “put him out” because he was angrily throwing things and making threatening comments. Penny said on the police video that he hadn’t wanted to injure Neely but rather to keep him from hurting anyone else.
A man who later stepped in and held down Neely’s arms, however, told jurors that he urged Penny to let go but that the veteran kept choking Neely for a time. A witness said he heard someone say, “Let him go, you’re going to kill him,” and also heard others say Neely had a pulse.
In a cellphone video, someone is heard saying, “He might choke on his own spit if you put him on his back. Put him on his side.”
