A Manhattan jury has found the former Marine accused of fatally choking a homeless man on a subway last year is not guilty of criminally negligent homicide.
On Friday, Justice Maxwell Wiley had dismissed the manslaughter charge against Daniel Penny after jurors told the judge they could not agree on whether to convict Penny.
On Monday, the jury announced a not guilty verdict in the lesser charge against Penny, criminally negligent homicide. That crime carries a possible sentence of anything from probation and no jail time, to up to four years.
The acquittal marks a dramatic end to one of the most high profile and divisive criminal cases in New York City in recent years.
Penny was charged in the death of Jordan Neely, a former Michael Jackson impersonator with schizophrenia who witnesses say started yelling threats after he boarded an uptown F train at the 2nd Avenue stop. Penny held Neely in a chokehold on the floor of the subway for about six minutes, according to evidence presented at trial. Neely was pronounced dead soon after.
The trial, which began in late October, focused on whether Penny caused Neely’s death by holding him in a chokehold for as long as he did — and whether his actions were justified.
Prosecutors argued Penny went “way too far” and held onto Neely’s neck for longer than he needed to, killing him. Penny’s attorneys say he was trying to protect himself and fellow passengers and argued that Penny’s actions may not have directly caused Neely’s death.
This is a developing story and will be updated.
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