The jurors delivered their verdict in Daniel Penny's trial on Monday, finding the Marine veteran not guilty of criminally negligent homicide.
Penny, 26, pleaded not guilty to second-degree manslaughter and criminally negligent homicide for the death of Jordan Neely, a 30-year-old homeless man with schizophrenia. Penny restrained Neely in a chokehold after he made death threats against passengers on a New York City subway car in May 2023.
'Who do you want on the next train ride with you?'
On Friday, the judge dismissed the manslaughter charge when the jury of 12, made up of seven women and five men, twice indicated they could not come to a unanimous verdict. The jurors were not allowed to deliver a decision on the lesser count until the top charge was settled.
During deliberation, the jury returned to the judge with at least seven notes to review the evidence and clarify definitions in the case.
To find Penny guilty, jurors were instructed that they had to conclude that his use of force was unnecessary and that he acted recklessly.
The cause of Neely's death was heavily debated.
The prosecutors argued that Penny restrained Neely in a chokehold for too long. Their case relied on shaky testimony from Dr. Cynthia Harris. After performing the autopsy, she labeled Neely's cause of death as "inconclusive." However, after viewing video evidence of the incident, she amended his cause of death to "asphyxia."
Dr. Satish Chundru, a forensic pathologist, rejected Harris' findings. He contended that Neely died from a combination of causes, including "effects of sickle-cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana."
During his closing argument, Penny's lawyer, Steven Raiser, asked jurors, "Who do you want on the next train ride with you?"
"The guy with the earbuds minding his own business who you know would be there for you if something happened? Or perhaps you just hope that someone like Jordan Neely does not enter that train when you are all alone, all alone in a crowd of others frozen with fear?" Raiser questioned.
"This case is about a broken system, a broken system that does not help our mentally ill or our unhoused," he continued. "In fact, it is that broken system that led us, that is interwoven into the very fabric of this case."
Although Penny is no longer facing criminal charges, Neely's father, Andre Zachary, initiated a lawsuit against him last week. Zachary accused Penny of negligent assault, battery, and causing serious injury, resulting in Neely's death.
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New York City Mayor Eric Adams (D) stated Sunday that he is weighing executive action to amend the city's sanctuary status, bypassing the Democratic-controlled New York City Council.
During an interview on WCBS-TV's "The Point with Marcia Kramer," Adams told Kramer that he is exploring his powers to get around the council's refusal to roll back New York City's sanctuary policies, which have thwarted Immigration and Customs Enforcement's efforts to remove criminal illegal aliens.
'I don't want to walk into a meeting with the border czar with preconceived notions and lines in the sand.'
He insisted that he has been advocating for more cooperation between ICE and New York City law enforcement prior to the November election.
"The city council made it clear that they don't want to change that," he said, referring to the council's resistance to alter the city's sanctuary laws.
"I think they're wrong," Adams declared.
He explained that his office is looking into his executive order powers to determine how he can circumvent the city council to protect the community from violent criminal illegal aliens.
"Once the city council made it clear, we're not changing the sanctuary city laws to allow [Immigration and Customs Enforcement] to go after those dangerous offenders. Once they made that clear, I went to plan B and said, 'What are my options and my powers?'" Adams said.
He discussed his plans to meet with President-elect Donald Trump's incoming border czar, Tom Homan, on Thursday. The mayor has agreed to work with the administration to tackle the immigration crisis in New York City.
When asked about his goals for the sit-down with Homan, Adams told WCBS, "It's all about hearing in a very clear way what's the message and the goal of the border czar, and see how do we collaborate to deal with the securing of our borders and making sure that we can ensure that this city retains and continues to be the safest big city in America."
"I don't want to walk into a meeting with the border czar with preconceived notions and lines in the sand. I want to walk in and sit down with him and say, 'Let me hear your vision, and let me share what my vision is,'" he continued.
Adams called the public safety of New Yorkers his "north star," noting that his mission is to "deal with the small number of violent offenders who are making their way into our country."
The mayor stated that he hopes specifically to address the Venezuelan gang Tren de Aragua, which has significantly grown its influence in the United States over the past year.
The mayor highlighted the importance of border security and raised concerns about whether Venezuela is releasing its prisoners and permitting its criminal citizens to escape to the U.S., as Trump has repeatedly claimed.
Adams indicated that he is open to deporting alleged criminal illegal aliens before they are convicted, though he noted that he would prefer for criminals to serve time first.
"My belief has always been, I want you when you're arrested to serve your time because you're not giving justice to the person who was victimized by them because then if they go out, they can come right back into the country," Adams explained.
He expressed that foreign nationals pursuing the American dream should have an easier legal route to immigrate to the U.S., but he also suggested that they be guided to settle in regions where they are needed.
"We're dealing with a population problem in many of our municipalities. Why aren't we telling the individuals we allow to come into the country: 'You're going to go where we need you; you're going to fill the jobs that we're looking for'?" he said.
Adams was asked whether he would consider allowing ICE to reopen its outpost at Rikers Island.
Last week, New York City Council member Robert Holden, a fellow Democrat, challenged Adams to back up his "tough talk" on the city's sanctuary policies by reopening ICE's office to facilitate easier communication between the city and federal immigration agents.
Adams told Kramer on Sunday, "I heard one councilman state that, indicating a litmus test. I'm not into litmus tests. I'm into solving problems."
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On Friday, New York City Mayor Eric Adams (D) appeared to leave open the possibility of switching to the Republican Party in the future amid discussions about his plans to meet with President-elect Donald Trump's incoming border czar, Tom Homan, next week.
During an interview with NY1, Adams was asked whether he would consider rejoining the GOP. The mayor was a registered Republican from 1995 through 2002.
'Those who don't like it, they will cancel me.'
"The party that's the most important for me is the American party. I'm a part of the American party," Adams responded.
"I love this country," he continued. "This is the home of the free, the land of the brave."
In a later interview with PIX11, Adams was asked to clarify his remarks but again did not outright dismiss the possibility of leaving the Democratic Party.
"You know what the headlines are going to be now that you haven't said 'no' to becoming a Republican," a news anchor with the media outlet told the mayor.
"I think that's what people fail to realize is I'm not motivated by headlines. We need to move away from identifying, classifying ourselves as anything other than Americans," Adams responded.
"I'm an American," he said. "So, no matter what party I'm on or vote on, I'm going to push for the American values."
Adams remarked that voters made it clear that they are fed up with political "squabbling" and are seeking solutions.
The mayor stated that he plans to run his re-election bid as a Democrat. However, he noted that he anticipates some on the left will still move to "cancel" him.
"My focus is the American people and the people of New York City. And those who don't like it, they will cancel me, and I say, 'Cancel me,'" he declared, repeating similar comments he made earlier in the week.
During his Friday interviews, Adams announced that he would sit down with Homan next week to discuss the administration's strategies for deporting criminal illegal aliens from the city.
Homan said earlier this week that he is "willing to meet with anybody to help make their communities safer."
When asked about meeting with Adams, Homan told NewsNation's Chris Cuomo on Tuesday, "I'm looking for partnerships. I'm not looking for enemies."
Adams has been accused of flip-flopping on his position regarding immigration and New York City's sanctuary status. Despite his advocacy for deporting violent criminal illegal immigrants, he does not endorse mass deportations of those he considers law-abiding immigrants.
The mayor's commitment to work with the incoming Trump administration has drawn scrutiny, particularly amid the ongoing criminal investigation against him. Critics have speculated that Adams might be trying to gain favor with Trump to secure a pardon.
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Republican Rep. Eli Crane of Arizona introduced a resolution on Friday to give Daniel Penny the Congressional Gold Medal. The medal is Congress' highest civilian honor.
Penny is currently on trial following the death of 30-year-old Jordan Neely, who was allegedly threatening bystanders on a New York City subway in May 2023. Neely, who had schizophrenia, was allegedly making threats to passengers and behaving erratically, prompting Penny to retrain him in a chokehold.
'The courageous actions taken in response to the threat to his community by Daniel Penny, a decorated U.S. Marine Corps veteran, went beyond the civilian call of duty.'
As of this writing, the jury deadlocked over the manslaughter charge against Penny, which was then dropped. The jury will continue deliberating on the lesser charges.
"Daniel Penny's actions exemplify what it means to stand against the grain to do right in a world that rewards moral cowardice," Crane said in a Friday post on X. "I'm immensely proud to introduce this resolution to award him with the Congressional Gold Medal to recognize his heroism."
The resolution not only praises Penny's actions but also criticizes the Biden administration and various Democratic policies that have produced rampant crime across American cities.
"Throughout President Biden’s term as President, local governments across various cities and States failed to adequately protect residents and their property from violent criminals," the resolution reads.
"The courageous actions taken in response to the threat to his community by Daniel Penny, a decorated U.S. Marine Corps veteran, went beyond the civilian call of duty," the resolution continued.
The resolution dubbed Penny a hero who deserves commemoration regardless of his pending verdict.
"It is the sense of the Congress that Daniel Penny, with integrity and honor that is characteristic of who he is and of his honorable service in the United States Marine Corps, stepped in to protect women and children from an individual who was threatening to kill innocent bystanders, and he is a hero," the resolution reads.
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With Penny's future on the line, a judge is willing to 'take a chance' on a legal maneuver that only benefits the prosecution.
Late Friday morning the members of the jury in the case against American hero Daniel Penny informed the court that they are struggling to reach a verdict — and that alone is a travesty. The reality is that Penny, a Marine veteran, stepped up to protect innocent passengers on a New York City subway in […]
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