Prosecutors accused Penny, who was 24 years old at the time of the incident, of causing Neely's death after putting the 30-year-old homeless man in a chokehold on a subway train in May 2023. Neely, who had a history of mental illness, had been shouting and acting erratically when he boarded the subway.

Daniel Penny found not guilty in chokehold death of Jordan Neely in NYC. Daniel Penny, a Marine veteran charged with criminally negligent homicide in the chokehold death of Jordan Neely, a Black unhoused man, on a New York City subway train, was acquitted by an N.Y. jury on Monday.

Penny, a 26-year-old former Marine, put Neely, a 30-year-old homeless man, in a minuteslong chokehold after Neely boarded an uptown F train yelling and acting erratically in May 2023, according to officials. The city medical examiner declared the chokehold to be the cause of Neely's death.

Daniel Penny, a former Marine who choked a fellow subway rider on an uptown F train last year, was acquitted on a charge of criminally negligent homicide on Monday, ending a case that had come to exemplify New York City's post-pandemic struggles.