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Daniel Penny acquitted in NYC subway chokehold case after jury finds him not guilty of criminally negligent homicide

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Daniel Penny acquitted in NYC subway chokehold case after jury finds him not guilty of criminally negligent homicide

Daniel Penny has been acquitted in the chokehold death of a homeless man aboard a New York City subway car last year.

The 26-year-old former Marine had been charged with second-degree manslaughter and criminally negligent homicide in connection with the May 2023 death of 30-year-old Jordan Neely.

A jury found Penny not guilty of criminally negligent homicide Monday — three days after a Manhattan judge dismissed manslaughter charge when the 12-member panel said it could not come to a unanimous decision on the first and more serious of the two charges. The second-degree manslaughter charge carried a maximum 15-year prison sentence; criminally negligent homicide carried a maximum sentence of four years. There was no minimum sentence for either charge.

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Judge Maxwell Wiley had ordered the jury to return Monday to consider the second, lesser charge of criminally negligent homicide. It deliberated for less than two hours before delivering its verdict.

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According to the Associated Press, Penny “briefly smiled” as the verdict was read while others inside the courtroom reacted with applause and anger. Some, including Neely’s father, were told to leave after audibly reacting, per AP.

How the incident unfolded

Jordan Neely is pictured before going to see the Michael Jackson movie “This Is It” in Times Square, New York, in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

Penny, an architecture student, was on his way to the gym when he encountered Neely on an uptown F train in Manhattan on the afternoon of May 1, 2023.

Witnesses say Neely, a former Michael Jackson impersonator, was acting erratically after boarding the train before Penny placed him in a chokehold. Some witnesses told police that Neely shouted at other passengers, threw his jacket on the ground, complained of being hungry and thirsty and threatened to hurt people on the train. Others did not report hearing those threats.

Video taken by a fellow passenger shows Penny on the ground restraining Neely with a chokehold while two other men are standing over them. Penny then lets go of Neely, who is seen lying motionless on the floor of the train.

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When police arrived, Neely was unresponsive and first responders were unable to revive him. He was then taken to a local hospital, where he was pronounced dead.

Footage of the chokehold was shared widely online and sparked protests around the city.

Penny later told police that he “just put [Neely] in a chokehold” and “put him out” to ensure he wouldn’t hurt anyone.

What happened during the trial

Assistant District Attorney Dafna Yoran delivers her closing argument at Manhattan Criminal Court as Daniel Penny looks on Tuesday in this courtroom sketch

Assistant District Attorney Dafna Yoran delivers her closing argument at Manhattan Criminal Court as Daniel Penny looks on Tuesday in this courtroom sketch. (Jane Rosenberg/Reuters)

Prosecutors with the Manhattan district attorney’s office argued that Penny’s chokehold — which lasted approximately six minutes — became reckless when he held on too long, beyond the point when Neely represented any kind of threat to fellow passengers.

Attorneys for Penny argued that he saw “a genuine threat and took action to protect the lives of others” and that he had restrained Neely with a “variation of a nonlethal chokehold” borrowed from martial arts training he had been taught as a Marine. In doing so, they suggested that Neely’s death could have been caused by something else.

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But Dr. Cynthia Harris, the medical examiner who performed the autopsy on Neely, testified that “there are no alternative reasonable explanations” for Neely’s death other than Penny’s chokehold.

Harris had ruled the cause of death was compression of the neck, or asphyxia.

Jurors were shown a video of an interview Penny gave to police in which he demonstrated the chokehold on Neely.

“He had his back turned to me and I got him in a hold, got him to the ground, and he’s still squirming around and going crazy,” Penny is heard saying in the video.

The defense also argued that Neely had prior arrests, a history of mental illness and drugs in his system at the time of his death.

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Reactions to the verdict

Penny arrives at the courthouse on Monday as demonstrators protesting Neely's death are seen across the street. (Alex Kent/Getty Images)

Penny arrives at the courthouse on Monday as demonstrators protesting Neely’s death are seen across the street. (Alex Kent/Getty Images)

The case stirred a national debate about mental illness, homelessness, public safety, the use of force and race. Neely was Black. Penny is white.

Outside the courthouse, Dante Mills, a lawyer for Neely’s family, criticized the jury.

“We’re devastated, upset, angry, hurt,” Mills said, flanked by Neely’s father, Andre Zachery. “Jordan Neely was choked to death by someone who didn’t care people was telling him to stop. Last week the jury was — they couldn’t decide on the top charge but they come back his week and they give up on us.”

“The district attorney did a good job,” Mills added. “The jury in this case let us down.”

Last week, Zachery filed a civil suit against Penny, accusing him of negligent contact, assault and battery in Neely’s death.

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“I miss my son,” Zachery said. “My son didn’t have to go through this. I didn’t have to go through this either.”

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Graham Platner makes it official in Maine, submitting paperwork to leave Senate race

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Graham Platner makes it official in Maine, submitting paperwork to leave Senate race

Now-former Democratic Senate candidate Graham Platner speaks at his primary election night event on June 9 in Blue Hill, Maine. Platner officially dropped out of the race July 10 following rape allegations from a former romantic partner that he denies.

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Graham Platner, Maine’s Democratic nominee for Senate, is officially out of the race.

The Maine Secretary of State said Platner filed the necessary paperwork to withdraw his candidacy two days after he announced he planned to do so following an accusation of rape by a former romantic partner. Platner denies the allegation.

The Maine Democratic Party has until July 27 to pick Platner’s replacement.

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In his withdrawal notice, Platner said “people are desperate for change” and that’s why they voted “for a new kind of politics” by making him the Democratic nominee. He expressed gratitude for those who supported his campaign and said that he will continue to fight for “the movement we have built together and the future we believe in.”

He ended his notice with a strong statement aligned with the progressive platform.

“F*ck ICE. Free Palestine. Up the Hearts.”

Platner announced his plan to withdraw from the race in an 11-minute video he posted to social media on July 8. He said he had no choice but to suspend his campaign, citing it was no longer viable financially.

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“We are going to lose our ability to fundraise. We are going to lose our ability to access voter data. We are going to lose all of the things that any campaign needs on the basic level simply to function,” he said.

Platner added that dropping out was not an admission of guilt. Rather, the decision, he said, is to keep the progressive movement in Maine alive to defeat Republican Sen. Susan Collins in November. Platner blamed the “political establishment” for his downfall and argued the goal was to force him out of the race.

“We built a campaign. We engaged in electoral politics. We motivated people. We banded together. We did it the way that we were told we are supposed to make change and we won. And now they are not going to let us have it. Not if it’s me,” he said.

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Waymo called the cops on teen riders, raising privacy concerns

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Waymo called the cops on teen riders, raising privacy concerns

A Waymo robotaxi drives in San Francisco’s North Beach neighborhood this week.

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Police in San Mateo, Calif., posted Monday on social media that they had apprehended a pair of teenagers from a Waymo driverless robotaxi after the company alerted authorities to suspected criminal activity. It’s the latest incident involving video surveillance of passengers and others by autonomous vehicles — raising questions about the limits of privacy in such vehicles.

The Facebook post by the San Mateo County Police said: “Parents do you know where your teens are? @waymo does!”

The 15-year-olds were allegedly drinking alcohol and shooting toy guns from the car, according to the police. They said Waymo’s systems detected behavior that then triggered a safety response, after which the company disabled the vehicle and contacted police.

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Waymo’s cars, equipped with an array of cameras, microphones and other sensors to monitor passengers and other nearby vehicles, are becoming more common in cities across the United States. Experts say the detention of the two teens in San Mateo highlights a potential — but not inevitable — trade-off between privacy and convenience. It also questions the extent to which companies similar to Waymo are required to hand over private data, including audio and video of passengers, in situations where a crime is suspected.

NPR reached out to Waymo, which is owned by Alphabet, the parent company of Google, for comment on the details of the San Mateo incident and how the company responded, but did not hear back. But on its website, the company says that as many as 29 cameras in its autonomous cars provide an all-around view and “are designed with high dynamic range and thermal stability, to see in both daylight and low-light conditions, and tackle more complex environments.”

“There already exist laws that govern duty to report or even duty to protect” for carriers such as Waymo, according to Alessandro Acquisti, a professor of information technology at the MIT Sloan School of Management. “The privacy problems arise when and if driverless carrier companies used such laws or ethical obligations as a pretext for blanket, indiscriminate accumulation of identifiable data for unspecified future purposes.”

That includes not just monitoring people inside the cars, but outside too. Take, for example, a hit-and-run investigation last year in Los Angeles. Media reported that the police inquiry was aided by video captured by a Waymo taxi that had a clear view of the crime. Critics suggested at the time that authorities were using the company’s vehicles as a mobile surveillance platform. And during 2025 protests in Los Angeles against Immigration and Customs Enforcement crackdowns, demonstrators vandalized Waymos, apparently angry that video recorded by the vehicles could be used by police, although there is no evidence that happened.

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Trump fires last members of election commission, inciting fears of midterm ‘chaos’

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Trump fires last members of election commission, inciting fears of midterm ‘chaos’

Donald Trump has terminated the remaining members of the independent, federal commission that assists election administration officials nationwide just a few months before the midterm elections, multiple outlets reported Thursday.

The remaining three commissioners of the four-member bipartisan commission ⁠were forced out on Thursday in different ways. The one Republican appointee resigned and the other ⁠two, Democratic appointees were notified of their terminations via email from ​the White House presidential personnel office.

“On ‌behalf of President ‌Donald J Trump, I am writing to inform you that your position ‌as Commissioner of the Election Assistance Commission is terminated, effective immediately. Thank you for your service,” the email, seen by Reuters, said.

The White House did not immediately respond to a request for comment.

The Election Assistance Commission serves as a “national clearinghouse of information on election ‌administration”, accredits testing laboratories and certifies voting systems, and maintains the national mail-voter registration form developed by the National ​Voter Registration Act of 1993, according to the commission’s website. The terminations follow Trump and top administration officials’ advocacy to change vote-by-mail requirements and investigations into the 2020 election outcome, which Trump lost to Democrat Joe Biden.

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“It is ⁠irresponsible and dangerous that this Administration remains dead set on ​causing chaos for ​our election officials across this ​country,” Arizona secretary of state Adrian Fontes said in a ​Thursday statement. “This ‌move undermines the integrity ​of nonpartisan ​election administration.”

The 2002 law that established the commission, the Help America Vote Act, states the president can appoint replacements to the commission.

It is unclear how Trump will move ahead with the commission.

Reuters contributed reporting

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