Daniel Penny

Daniel Penny
Born	1998 or 1999 (age 25–26)
Known for	Placing Jordan Neely in a chokehold
Military career
Allegiance	United States
Service / branch	United States Marine Corps
Years of service	2017–2021
Rank	Sergeant

Daniel Penny (born 1998 or 1999) is a former United States Marine who gained national attention following an incident on May 1, 2023, in which he restrained Jordan Neely, a 30-year-old homeless man, on a New York City subway. Neely's death, which occurred after Penny applied a chokehold, led to a polarizing public debate on issues of mental health, homelessness, public safety, and the use of force by civilians. Penny was charged with manslaughter, and the case became a significant legal and social focal point in the United States. Penny was acquitted as the jury determined that his actions were justified under the circumstances.

Early life and military service

Daniel Penny was born around 1999 and raised in West Islip, Long Island, New York. Public details of Penny's early life are limited, but he attended local schools and was known to friends and family as disciplined and focused. After completing his education, Penny enlisted in the United States Marine Corps. Over his four-year service, he attained the rank of sergeant and was stationed in various domestic and international locations.

He was honorably discharged and returned to New York, reportedly considering higher education and other career paths before the 2023 incident.

Death of Jordan Neely

Further information: Killing of Jordan Neely

On May 1, 2023, Penny was traveling on a northbound F train in Manhattan. At approximately 2:30 PM, Jordan Neely, a homeless street performer with a history of mental illness and encounters with law enforcement, boarded the train, shouting and acting erratically.

Witnesses reported Neely expressing frustration with his living conditions, saying, "I don't care if I go to jail" and "I'm ready to die", which made some people feel intimidated, though no physical contact was initiated by Neely.

Penny and two others approached Neely to subdue him. Penny applied a chokehold, which lasted several minutes, during which bystanders recorded video footage of the incident. Neely became unresponsive, and emergency responders were called to the scene.

Neely was pronounced dead shortly thereafter. The New York City Medical Examiner later ruled the cause of death to be homicide, citing "compression of the neck" as the primary factor.

Legal proceedings and acquittal

On May 12, 2023, Penny surrendered to authorities following the announcement by the Manhattan District Attorney's Office that he would be charged with second-degree manslaughter. The charge, a felony under New York law, carries a potential sentence of up to 15 years in prison. Penny was released on bail pending trial.

Penny's defense team argued that his actions were motivated by a belief that Neely posed an imminent threat to passengers on the train. Penny publicly expressed condolences to Neely's family but maintained that his intention was to protect others, not to cause harm.

Prosecutors contended that Penny's use of force was unnecessary and excessive given that Neely was unarmed and had not physically attacked anyone. The case sparked considerable debate over the legal boundaries of self-defense and the responsibility of civilians in public safety matters.

In December 2024, during Daniel Penny’s trial for the death of Jordan Neely, the presiding judge dismissed the second-degree manslaughter charge after the jury reported being deadlocked on this count. This decision allowed the jury to deliberate solely on the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years, compared to the 15-year maximum for the dismissed manslaughter charge. 

The judge emphasized that this directive was not intended to influence the jury’s decision but to facilitate continued deliberations. 

This judicial decision was met with controversy, as the defense expressed concerns that it might lead to a coerced or compromised verdict by pressuring jurors toward a conviction on the remaining lesser charge. 

The trial concluded in December 2024, with the jury delivering a not guilty verdict. The jury determined that Penny's actions were justified under the circumstances, as he acted in perceived defense of himself and other passengers.

Public reaction

The incident became a flashpoint for national conversations on homelessness, mental health resources, and public safety. Supporters of Daniel Penny described him as a good Samaritan who acted to protect his fellow passengers in an unpredictable situation. A fundraising campaign for Penny's legal defense raised over $2 million, with support from notable public figures and media commentators.

Critics of Penny's actions argued that the use of a chokehold was excessive and unnecessary, particularly in light of Neely's unarmed and nonviolent state. Advocacy groups, including the American Civil Liberties Union, characterized the incident as emblematic of systemic failures to support individuals experiencing mental health crises and homelessness. Protests demanding justice for Jordan Neely occurred across New York City, with activists calling for reforms to mental health services and de-escalation practices.

New York City Mayor Eric Adams and Governor Kathy Hochul both addressed the tragedy, acknowledging its complexity. Adams urged improvements in public safety and mental health outreach.