Connect with us

News

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

Published

on

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.

Trusted news and daily delights, right in your inbox

See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories.

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

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

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

News

ICE Lawyer Who Told Judge She Was Overwhelmed Is Running for Congress

Published

on

Julie T. Le, a former government lawyer, described in stark terms how overstretched the legal system had become during the administration’s immigration crackdown in Minnesota. Now, she said, she hopes to fix the “system’s failures” by running for Congress.

Continue Reading

News

The government is investigating new claims that DOGE misused Social Security data

Published

on

The government is investigating new claims that DOGE misused Social Security data

A sign in front of the entrance of the Security Administration’s main campus on March 19, 2025 in Woodlawn, Maryland. Congress and the SSA’s Inspector General are investigating whistleblower claims about whether Department of Government Efficiency staff may have misused Social Security data.

Kayla Bartkowski/Getty Images


hide caption

toggle caption

Advertisement

Kayla Bartkowski/Getty Images

An internal government watchdog and members of Congress are separately investigating new allegations that a Department of Government Efficiency staffer potentially misused sensitive Social Security data.

The Social Security Administration’s inspector general notified the leaders of several House and Senate committees on Mar. 6 that it is reviewing an anonymous complaint “on matters relating to the potential misuse of SSA data by a former DOGE employee, among other allegations,” according to a copy of the letter obtained by NPR.

This week, Congressional Democrats investigating DOGE’s access to Social Security data also announced an expanded probe after receiving whistleblower information alleging a former DOGE software engineer at SSA claimed to have retained copies of sensitive databases filled with personal information about almost every living American. The whistleblower’s allegations were first reported by the Washington Post on Tuesday.

Advertisement

According to the Post‘s reporting, the former DOGE employee claimed at least one database was held on a personal thumb drive, and claimed to have retained “God-level” access to SSA systems, the whistleblower alleged. The former staffer also allegedly told colleagues they wanted to share the data with their private-sector employer, the Post reported. NPR has not reviewed the whistleblower complaint.

Rep. Robert Garcia of California, the House Oversight committee’s top Democrat, called the allegations “deeply disturbing” and said they show the Trump administration’s “callous disregard for the safety and security of Americans’ most sensitive information.”

“Not only has an ex-DOGE bro been accused of running around with the Social Security information of every American on a flash drive, he also may have the ability to edit and manipulate data at the Social Security Administration at will,” Garcia wrote in a statement.

The Office of the Inspector General for the Social Security Administration declined to comment, saying it doesn’t confirm or deny the existence of law enforcement investigations.

The inspector general’s office told lawmakers in its Mar. 6 letter that it was not sharing further information about the anonymous complaint because that “risks jeopardizing any investigation and potentially chills future complainants from submitting anonymous allegations of fraud, waste, and abuse.”

Advertisement

An unnamed spokesperson for SSA disputed the whistleblower’s claims in an email to NPR.

“The allegations by a singular anonymous source have been strongly refuted by all named parties – SSA, the former employee, and the company. Even the Washington Post admitted they could not verify the information – because it is not true,” the spokesperson said. (The Post story did not name the former DOGE employee or the company they work for.)

“SSA is focused on continuing our digital-first transformation to deliver better, faster service for every American,” the spokesperson continued, and went on to disparage the Washington Post.

Democrats in Congress call for more investigations

The whistleblower alleged the former DOGE staffer claimed to have retained copies of two databases, NUMIDENT and the Death Master File, according to the Post‘s report.

The NUMIDENT database contains sensitive records for almost every American alive today, including Social Security numbers, dates of birth, place of birth and parents’ names. The Death Master File includes records for individuals who have been reported as deceased.

Advertisement
An aerial of The Social Security Administration's main campus in Woodlawn, Maryland. The agency is investigating claims that DOGE employees misused sensitive personal data for millions of Americans.

An aerial of The Social Security Administration’s main campus in Woodlawn, Maryland. The agency is investigating claims that DOGE employees misused sensitive personal data for millions of Americans.

Kayla Bartkowski/Getty Images


hide caption

toggle caption

Kayla Bartkowski/Getty Images

Advertisement

As part of the House Oversight Committee Democrats’ ongoing investigation into DOGE, Garcia is now asking the Social Security Administration to answer questions about DOGE’s data access and wants former DOGE staffers affiliated with SSA to contact the committee to “clarify the facts surrounding DOGE use of Americans’ sensitive data.”

Other Democratic lawmakers who received the letter from the SSA inspector general also called for investigations into the whistleblower’s allegations.

“These allegations describe one of the largest known data breaches in American history, perpetrated by Trump appointees for the explicit purpose of weaponizing Americans’ sensitive personal data for political gain,” Sen. Ron Wyden (D-Ore.), the ranking member of the Senate Finance Committee, said in a statement. “There must be a full public accounting of this breach at Social Security, including justice for anyone who committed or enabled criminal theft of Americans’ data.”

Rep. John B. Larson (D-Conn.) and Richard E. Neal (D-Mass.), who sit on the House Ways and Means Committee, said in a statement: “These continued revelations demand a full investigation with accountability if wrongdoing is confirmed.”

Advertisement

A growing pattern of DOGE data access concerns

The OIG investigation and the whistleblower complaint come after the Social Security Administration disclosed in January that DOGE employees secretly and improperly shared sensitive personal data in 2025 and that the agency could not verify the extent of the violations.

The January disclosure was made in an ongoing court fight over whether DOGE improperly gained access to SSA data and abused that access. The disclosure also said two unnamed DOGE employees were referred to a federal watchdog for potentially violating the Hatch Act, which bars government employees from using their job for political activity.

The court filing also said SSA found that the employees communicated with a political advocacy group about matching Social Security data with state voter rolls.

DOGE team members also circumvented the agency’s IT rules and improperly shared data on outside servers, sent private records to other DOGE staffers outside the agency and had access to some data even after a judge temporarily blocked access.

Charles Borges, the former chief data officer at SSA, filed his own whistleblower disclosure last year alleging DOGE staffers improperly copied a dataset of more than 300 million Americans’ information into a virtual database without following security protocols.

Advertisement

Borges’ complaint said that last summer, a former DOGE employee at the SSA requested that the agency make a copy of its NUMIDENT database to a private cloud server that would effectively give DOGE officials unfettered access to the data.

On Wednesday, Borges told NPR the allegations made in the new whistleblower complaint would have “generational consequences” if true.

“This is exactly the scenario that kept me up at night. An irrecoverable loss of the entirety of our personal data. Once that data has ‘left the building’, you cannot close Pandora’s Box again,” Borges said.

“The loss of this data would not be ‘just another data breach,’ but could represent a structural failure of our identity system,” he said. “It could require significant federal action, counterintelligence planning and response, and the consideration of a complete redesign of how identity works in the United States.”

Have a tip to share with NPR? Reach out through encrypted communications on Signal to Stephen Fowler at stphnfwlr.25, Jude Joffe-Block at JudeJB.10 and Shannon Bond at shannonbond.01. Please use a nonwork device.

Advertisement
Continue Reading

News

Tornadoes hit Illinois, Indiana and Texas as severe storms sweep US

Published

on

Tornadoes hit Illinois, Indiana and Texas as severe storms sweep US

A series of tornadoes hit parts of Texas, Illinois, and Indiana late Tuesday and overnight, as forecasters warn that the threat of severe weather, including flooding, will continue on Wednesday for tens of millions of people from Texas to Michigan.

At least four tornado touchdowns were reported in eastern Illinois, the National Weather Service (NWS) said, leaving a trail of damage stretching into Indiana, where at least two people were killed.

Video of a separate tornado in Taylor county, central Texas, on Tuesday was posted to weather.com. Officials there reported 60mph wind gusts and “baseball-sized” hail.

A search continued on Wednesday for possible victims of a supercell of storms that followed a path from Kankakee county, Illinois, into Indiana late on Tuesday. Rob Churchill, chief of the Lake Township fire department in Indiana, said in a video on Facebook that the small town of Lake Village had taken “a direct hit”.

“We have multiple homes destroyed, please stay away from the area,” he said.

Advertisement

Fire department officials said at an early morning Wednesday press conference that there were two fatalities, WTHR News, an NBC affiliate, reported. Details were not immediately available.

Shannon Cothran, sheriff of Newton county in Indiana, said in a separate Facebook video that the immediate threat of dangerous weather had passed, but first responders were faced with challenging circumstances as they dealt with the storm’s aftermath.

“[There’s] a lot of damage. Please do not come here. Do not try to help right now. We’ve got a lot of first responders out here doing their job, just give us some room,” he said.

The tornadoes in parts of Illinois and Indiana downed trees and power lines in an area south of Chicago, and overwhelmed 911 operators, officials said. The Kankakee county sheriff’s office said one tornado touched down near the Kankakee fairgrounds before moving north-east into Aroma park, where it caused extensive damage.

JB Pritzker, the Democratic Illinois governor, said in a post on X early Wednesday that he was briefed on the storm and tornado damage and that the state’s emergency management agency was in contact with local officials.

Advertisement

“Keeping in our thoughts all Illinoisans impacted by the severe weather – we’ll be here to help them recover,” he said.

Severe storms dumping rain and hail in parts of the midwest were threatening to bring intense tornadoes, damaging winds and very large hail from the southern plains to the southern Great Lakes, according to the NWS. States from Oklahoma to Michigan were under tornado watches.

Andrew Lyons, a meteorologist with the weather service’s storm prediction center, told the Associated Press that the exact number of tornado touchdowns would not be known until after officials conducted damage assessments.

He described it as a fairly typical early spring strong storm system that was expected to continue to move east and northeast towards the Atlantic coast on Wednesday, likely bringing more severe weather, he said.

Brandon Buckingham, an AccuWeather meteorologist, said at least 10 tornadoes were spotted in Illinois, Indiana and Texas.

Advertisement

“There were nearly 200 filtered reports of severe weather spanning more than 2,500 miles from Texas to Michigan,” he said in a post on the weather service’s website.

The forecaster said the chain of storms would peak midweek and “could become the most widespread and impactful severe weather outbreak so far this year”.

The severe weather could reach Washington DC by Wednesday afternoon, CBS News reported, bringing new threats of damaging winds and tornadoes. A line of storms was forecast to sweep east and move into Ohio and Tennessee, including the cities of Cincinnati, Memphis and Nashville, it said.

Continue Reading
Advertisement

Trending