Gone quiet · last update Dec 13, 2024 / Daniel Penny

Daniel Penny's trial and acquittal in Jordan Neely's subway death

Overview · reviewed October 28, 2026

On May 1, 2023, Daniel Penny, a 24-year-old Marine veteran, held Jordan Neely, a 30-year-old man experiencing homelessness who had been shouting at passengers, in a chokehold on a New York City subway train, and Neely died.[1][2][3] Penny was charged with manslaughter, and in December 2024 a Manhattan jury acquitted him of criminally negligent homicide after the judge dismissed the top charge.[4][5][6] The case divided the country: Penny's supporters raised money for his defense and celebrated him after the verdict, while Neely's family sued him.[7][8][9]

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Penny was charged with manslaughter, and in December 2024 a Manhattan jury acquitted him of criminally negligent homicide after the judge dismissed the top charge.[4][5][6] The case divided the country: Penny's supporters raised money for his defense and celebrated him after the verdict, while Neely's family sued him.[7][8][9]

Coverage over time

Share of tracked outlets · monthly average of weekly shares (UTC)

May 2023: average weekly share 9% (left 3%, center 4%, right 2%), from 5 of 5 weeksJun 2023: average weekly share 8% (left 2%, center 4%, right 2%), from 4 of 4 weeksJul 2023: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksAug 2023: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksSep 2023: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksOct 2023: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksNov 2023: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksDec 2023: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksJan 2024: average weekly share 1% (left under 1%, center under 1%, right under 1%), from 5 of 5 weeksFeb 2024: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksMar 2024: average weekly share under 1% (left 0%, center under 1%, right under 1%), from 4 of 4 weeksApr 2024: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksMay 2024: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksJun 2024: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksJul 2024: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksAug 2024: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksSep 2024: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksOct 2024: average weekly share 3% (left 1%, center 2%, right 1%), from 4 of 4 weeksNov 2024: average weekly share 2% (left 1%, center 1%, right 1%), from 4 of 4 weeksDec 2024: average weekly share 10% (left 2%, center 5%, right 3%), from 5 of 5 weeksJan 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksFeb 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksMar 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksApr 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksMay 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksJun 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksJul 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksAug 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksSep 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksOct 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksNov 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksDec 2025: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksJan 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksFeb 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksMar 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksApr 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksMay 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksJun 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksJul 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksAug 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 5 of 5 weeksSep 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksOct 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 4 of 4 weeksNov 2026: average weekly share 0% (left 0%, center 0%, right 0%), from 2 of 2 weeks, so far

LeftCenterRight

Each bar is the share of the outlets on our Left / Center / Right rating scale that we tracked publishing that week which carried reporting on this story, split by the outlets' ratings. Over more than two years each bar is a month: the average of that month's weekly shares, so the shape stays readable. The weekly table below keeps every week. We track more outlets now than in the archive, so a share keeps earlier and later weeks comparable. An outlet counts once a week however much it published, and outlets in one ownership or syndication group count as one on each side they appear on. A rating describes the outlet, not the report. A gap means no such reports were collected that week, not that nothing was reported anywhere. Weeks run Monday to Sunday in UTC, so a report published on a Sunday evening in US Eastern time counts in the next week. 7 more outlets off the scale (not rated, or outside the left-right graphs) also reported; they are not in this chart. See them.

Weekly counts, outlets and reports (14 weeks with coverage)
Outlets on the rating scale that carried this story each week, of the outlets tracked that week, newest first
Week of (UTC)LeftCenterRightOf trackedShareReceipts
Dec 9, 202415311763 of 20830%
Dec 2, 202410201444 of 22819%
Nov 18, 202436413 of 2256%
Nov 11, 20242215 of 2112%
Oct 28, 20241629 of 1965%
Oct 21, 202438213 of 1997%
Mar 18, 20240213 of 2461%
Jan 15, 202445110 of 2234%
Jun 26, 2023819835 of 27913%
Jun 12, 20239201342 of 25017%
Jun 5, 20230134 of 2652%
May 15, 2023811625 of 24410%
May 8, 202320251257 of 25422%
May 1, 2023914427 of 25611%

Latest coverage

The newest reporting in this story's record.

  1. Dec 12, 2024 · first reported · Headline from Arkansas Democrat-Gazette

    Trump, Vance, cabinet picks attend Army-Navy game

Background

Video of the encounter drew national attention.[2] Witnesses made five emergency calls over four minutes as Penny held Neely on the floor of the car,[3] and Neely, who was Black, appeared to be in the throes of a mental health crisis.[10] Penny's lawyers said he had not foreseen the "awful tragedy,"[11] and in May prosecutors charged him with second-degree manslaughter.[4] Supporters raised more than $1.3 million on a crowdfunding site,[7] and Penny said in videos released by his lawyers that he had been protecting passengers and had not tried to kill Neely.[12] A him, and he pleaded not guilty.[13][14]

His trial opened in November 2024.[15] Prosecutors said Penny had recklessly caused Neely's death,[1] and the defense argued that he had used a headlock to restrain Neely without applying strong force throughout.[16] As jurors deliberated, Neely's father sued Penny,[9] and the judge dismissed the manslaughter charge at prosecutors' request.[5] On December 9 the jury found Penny not guilty of criminally negligent homicide.[6] Days later Vice President-elect JD Vance brought him as a guest to the Army-Navy football game, where he joined President-elect Donald Trump.[8][17]

Supporting stories (17)
  1. Daniel Penny trial: Jury selection begins in NYC subway chokehold death
  2. NYC subway chokehold: Homeless man's death ruled a homicide
  3. 24-Year-Old Marine Veteran At Center of Jordan Neely Subway Chokehold Case Identified
  4. Marine veteran who fatally choked NYC subway rider Jordan Neely is freed pending trial
  5. NYC jury deadlocked in Daniel Penny subway chokehold trial; 1 charge dismissed
  6. Daniel Penny speaks out after being found not guilty in NYC subway chokehold death
  7. Daniel Penny Raises $1.3 Million On Crowdfunding Site After Being Charged In Chokehold Killing Of Jordan Neely
  8. Daniel Penny to be JD Vance's guest at this weekend's Army-Navy game
  9. Jordan Neely’s father sues Daniel Penny as NYC jury deliberates verdict for subway chokehold death
  10. Jordan Neely, NYC subway rider choked to death, is mourned at Manhattan church
  11. Jordan Neely death: Man who fatally choked Neely on subway freed pending trial
  12. Daniel Penny says he was protecting himself, other passengers from Jordan Neely
  13. Grand jury indicts Daniel Penny in chokehold death of NYC subway rider Jordan Neely
  14. Ex-Marine Daniel Penny pleads not guilty in NYC subway chokehold death of Jordan Neely
  15. Daniel Penny trial: Opening statements begin in trial of former Marine charged in NYC subway death
  16. Ex-Marine misused a combat technique in fatal chokehold of NYC subway rider, trainer testifies
  17. Trump will attend the Army-Navy game alongside key allies, nominees and Daniel Penny

The full record

Each date is when an update was first reported.

All 24 recorded updates

March 2024

  1. Daniel Penny to stand trial in October for NYC subway chokehold deathHeadline from 6ABC Philadelphia · 3 outlets

Coverage & sources

Read the reports, see how much was collected over time, or compare outlets by political leaning.

Coverage & sources →