Mon. Dec 23rd, 2024
alert-–-daniel-penny-hit-with-vile-threats-in-shocking-court-scenes-after-subway-chokehold-trial-verdict:-live-updatesAlert – Daniel Penny hit with vile threats in shocking court scenes after subway chokehold trial verdict: Live updates

The jury in Daniel Penny’s trial has declared him not guilty of negligent homicide over the chokehold death of Jordan Neely on a NYC.

Judge Maxwell Wiley on Friday accepted the prosecution’s request to drop the top manslaughter charge against the marine veteran after the jury could not come to an unanimous decision.

Penny’s lawyers demanded a hung jury and new trial, but in a shock decision, the judge allowed the jurors to deliberate on the second, lesser charge of negligent homicide.

The 26-year-old faced up to four years if convicted of the lesser charge.

Penny placed Neely, 30, in a chokehold on the train car floor, holding him there until police arrived. The subway performer known for his Michael Jackson impersonations was declared dead in the hospital and Penny was then charged.

16:58

Daniel Penny hit with threats as he's found not guilty

The Marine veteran, 26, faced 15 years in prison for charges of second-degree manslaughter and criminally-negligent homicide after the incident on the F train last spring, which was partly recorded and sparked a passionate national debate.

16:37

Jordan Neely's father escorted out of the room following verdict after outburst

Neely’s father Andre Zachary was escorted out of the room after Penny was acquitted of negligent homicide.

A woman on the prosecution’s side then told Penny: ‘you’re a racist fu****g c**t.’

BLM activist Walter ‘Hawk’ Newsome, who says he is Neely’s uncle, was also escorted out after he appeared to threaten Penny, saying ‘it’s a small fu***ng world, buddy.’

Andre Zachary, father of Jordan Neely, at a press conference outside the criminal court, Monday, Dec. 9, 2024, in New York. (AP Photo/Stefan Jeremiah)

18:02

NAACP slams not guilty verdict

17:57

Penny's reaction to not guilty verdict

Penny, who had shown little expression during the trial, briefly smiled as the verdict was read.

Both applause and anger erupted in the courtroom, and Neely’s father and two supporters were told to leave after audibly reacting.

Another person also left, wailing with tears.

There was no immediate comment from prosecutors or lawyers for Penny, who rushed to a waiting car after the verdict. The anonymous jury was escorted out of court to a van.

17:48

Protestor arrested outside court

A person protesting the not guilty verdict of Daniel Penny is arrested by police outside the criminal court, Monday, Dec. 9, 2024, in New York. (AP Photo/Stefan Jeremiah)

A person protesting the not guilty verdict of Daniel Penny is arrested by police outside the criminal court, Monday, Dec. 9, 2024, in New York. (AP Photo/Stefan Jeremiah)

17:45

BLM activist calls for black vigilantes after Penny acquittal

BLM activist Walter ‘Hawk’ Newsome, who says he is Neely’s uncle, called for black vigilantes after the jury returned a not guilty verdict against Penny.

17:40

Daniel Penny seen arriving in court before acquittal

17:34

Geraldo Rivera says Penny 'acted with bravery'

17:33

Manhattan DA Alvin Bragg reacts to Daniel Penny verdict

‘As with every case, we followed the facts and the evidence from beginning to end. A Grand Jury voted to indict, and the Office carefully presented this case to a trial jury.

‘Over the course of the trial, we introduced medical records, videos, bodycam footage, and testimony from over 30 witnesses, including from the City’s Office of the Chief Medical Examiner.

‘The jury carefully deliberated for four days. They requested readbacks of testimony and asked for video footage to re-watch, as well as written definitions of the law.

‘Their lengthy deliberation – and the totality of the facts and the evidence – underscored why this case was put in front of a jury of Mr. Penny’s peers.

‘The jury has now spoken. At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict.

‘Unfortunately, over the duration of this trial, talented career prosecutors and their family members were besieged with hate and threats – on social media, by phone and over email.

‘Simply put, this is unacceptable, and everyone, no matter your opinion on this case, should condemn it. These are prosecutors who have dedicated decades of their lives to public service and to the safety of Manhattan.

‘I am grateful to them, as well as to the NYPD for their hard work and commitment on not only this matter, but for all they do on behalf of New Yorkers. I also want to thank Judge Wiley for presiding over this case.

Finally, I want to thank the members of the jury who took time out of their lives to diligently evaluate the evidence.’

FILE - Manhattan District Attorney Alvin Bragg speaks to reporters during a news conference, April 18, 2023, in New York. The hush money trial of former President Donald Trump begins Monday, April 15, 2024, with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander-in-chief. Bragg's office has said that Trump was trying to conceal violations of federal campaign finance laws â¿

17:24

Rudy Giuliani calls acquittal 'justice'

17:19

Florida governor Ron DeSantis celebrates verdict

17:12

Donald Trump Jr reacts to verdict

17:04

Who was Jordan Neely?

As a younger man, Neely did Michael Jackson tributes — complete with moonwalks — on the city’s streets and subways, building a reputation among the artist’s fans and impersonators. But Neely also struggled with mental illness after losing his mother, whose boyfriend was convicted of murdering her.

Hospitalized for depression at age 14, Neely later was diagnosed with schizophrenia that at times made him hallucinate and become paranoid, according to medical records seen at the trial. Neely also used the synthetic cannabinoid K2 and realized it negatively affected his thinking and behavior, according to a 2019 hospital record. The drug was in his system when he died.

Neely told a doctor in 2017 that being homeless, living in poverty and having to ‘dig through the garbage’ for food made him feel so worthless and hopeless that he sometimes thought of killing himself, hospital records show.

About six years later, he boarded a subway under Manhattan on May 1, 2023, hurled his jacket onto the floor, and declared that he was hungry and thirsty and didn’t care if he died or went to jail, witnesses said. Some told 911 operators that he tried to attack people or indicated he’d harm riders, and several testified that they were nervous or outright feared for their lives.

This undated photo, provided by Mills & Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely. Daniel Penny, 24, a U.S. Marine veteran who used a fatal chokehold on agitated New York City subway passenger Neely, was freed from custody Friday hours after surrendering to face a manslaughter charge filed nearly two weeks after the encounter. (Courtesy Mills & Edwards, LLP via AP)

16:56

Daniel Penny's father speaks outside court

‘I just wanna say I miss my son,’ Neely’s father Andre Zachary said on Monday.

‘My son didn’t have to go through this, what are we gonna do?

‘Whats gonna happen to us now? The system is rigged.’

The father of Jordan Neely looks on during a press conference after Daniel Penny was found not guilty in the trial of the former U.S. Marine sergeant who faced charges of manslaughter and criminally negligent homicide for fatally strangling Jordan Neely, a homeless man, on a New York City subway car in 2023, in New York City, U.S., December 9, 2024. REUTERS/Brendan McDermid

16:48

Daniel Penny escorted from court amid protests

Penny was rushed out the backdoor of the courtroom after hsi acquittal on negligent homicide.

Protestors outside have continued to shout ‘No justice, no peace.’

Daniel Penny and his law team leave Manhattan Supreme Court after the jury in the chokehold death of Jordan Neely find him not guilty.

16:46

The Right celebrates Penny acquittal

16:31

Daniel Penny declared NOT GUILTY

The jury quickly came back with an unanimous decision on the lesser count of negligent homicide.

Screams erupted in the courtroom after a decision was read.

16:25

Judge slams media coverage of prosecutor

Tensions were high in the courtroom as Justice Maxwell Wiley addressed ‘unfair assertions’ made against Assistant District Attorney Dafna Yoran in the media during the trial.

He described the media reporting about Yoran as ‘uncalled for’ after several outlets including DailyMail.com noted her past lobbying of lesser sentences for criminals, which is in dark contrast with her prosecution of Penny.

The comments sparked an angry reaction from Penny’s lawyer Thomas Kenniff, who said they should not have been made on the record.

‘The DA is a public official. I don’t know why there was even a discussion about what was being said online.’

Kenniff snapped moments later as Yoran repeatedly attempted to speak over the top of him, saying: ‘allow me to finish. PLEASE.’

16:13

Golf icon comes out in support of Daniel Penny

Phil Mickelson supported Daniel Penny after he took on step closer to freedom on Friday.

‘Random thoughts Mike Tirico and Cris Collinsworth are great in the booth. ‘Day of the Jackal’ is an incredible show,’ he wrote on X.

‘If a deranged individual threatens to kill you let’s hope there’s a Daniel Penny around.’

‘Thank you Daniel for serving your country and for protecting the many passengers whose lives were threatened by this violent and deranged individual,’ the six-time major winner later added.

16:00

Penny's lawyers slam BLM protesters outside court

Daniel Penny’s lawyer has slammed BLM protesters who are shouting from outside the courthouse, telling the judge that they’re threatening jurors and could potentially scare them into finding him guilty.

Thomas Kenniff handed over an audio recording taken from inside the defense suite on the 13th floor, revealing the chants were clearly audible in the room even with all the windows closed.

He said it was likely that jurors in their deliberations were hearing the same phrases, which include: ‘Daniel Penny Subway Strangler’ and ‘if we don’t get no justice, they don’t get no peace’.

‘That should be interpreted as a threat against the jury,’ he said.

Justice Wiley agreed he had heard that phrase as well, but said he did not want to draw jurors attention to it again when they’ve ignored the opinions of protesters thus far.

Kenniff said: ‘It was prefaced by a press conference on the courthouse steps on Friday by activists supporting the Neely family, I suppose. Where they threatened riots and violence as what they saw as the injustice of what occurred on Friday and the prospect of something less than a guilty verdict.’

The man he was referring to, Hawk Newsome, was in the courtroom at the time. He scoffed and shook his head in Kenniff’s direction, before getting to his feet and walking out of the courtroom.

Almost simultaneously, the chants from outside became louder and audible even over the discussions.

Daniel Penny enters Manhattan Supreme Court as the jury in the chokehold death of Jordan Neely deliberate for a fifth day.

15:55

Outpour of support for Penny following manslaughter charge drop

15:38

Judge tells jury he's not 'directing them to reach a verdict'

As court convened Monday morning, Judge Maxwell Wiley told jurors he wasn’t directing them to reach a verdict, unless all 12 agreed it was right under the law and the evidence.

‘It’s not the court’s business to talk about what directions your deliberations are taking or what you’re talking about, and it’s certainly not the court’s role to influence your deliberations. In fact, that’s improper. That’s entirely up to you,’ Wiley told the panel.

15:23

Who is judge Maxwell Wiley?

The judge at the center of a controversial decision to drop the manslaughter charge against Daniel Penny in his highly-publicized subway death trial is no stranger to contentious decisions.

Justice Maxwell Wiley is an acting Justice of the New York County Supreme Court, having presided over controversial trials in the role for 20 years.

On Friday, Justice Wiley risked creating ‘reversible error’ and handing the defense a pathway to appeal any conviction when he contradicted his own jury instructions which demanded they don’t consider a secondary charge of negligent homicide until they’d reached a verdict on the manslaughter charge.

15:17

Judge Willey denies defense motion for mistrial AGAIN

On Monday, Penny’s defense team once again asked the judge to declare a mistrial.

‘I disagree with the defense. I don’t agree the court has committed a legal error,’ judge Wiley said as he denied the defense’s request.

‘I deny your motion for mistrial,’ he continued.

‘The jurors can continue their deliberations. Whenever they are ready for us, we are ready.’

15:11

NYC Mayor defended Daniel Penny

Among Penny’s supporters was New York City Mayor Eric Adams.

In a shock intervention this weekend, before the trial was reached, Adams spoke out to criticize the media for how they presented Neely.

He also praised Penny for his actions, and slammed the New York City systems that allowed Neely, who was mentally ill and violent, to walk free.

15:01

Fatal incident on the F train was filmed

14:55

Jurors began deliberating on Tuesday

Jurors began deliberating last Tuesday and at the time were told they needed to reach a verdict on the manslaughter count before they could consider criminally negligent homicide.

On Friday, they told Wiley they were deadlocked on the top charge, and remained so even after he urged them to keep trying.

‘Whether that makes any difference or not, I have no idea. But I’m going to direct you to focus your deliberations on count two,’ Judge Maxwell Wiley said, telling them to ‘go home and think about something else.’

Judge Maxwell Wiley reads an Allen charge to the jury in the trial of former U.S. Marine Daniel Penny, accused of killing a homeless man, Jordan Neely, by putting him in a chokehold on the New York City subway, at Manhattan Criminal Court in New York City, U.S., December 6, 2024, in this courtroom sketch. REUTERS/Jane Rosenberg

14:47

Jurors to resume deliberations at 9.45am

The jury in Penny’s trial is scheduled to begin their delibarations on the negligence homicide charge at 9.45 EST.

These jurors – seven women and five men – have been granted anonymity due to the contentious nature of the trial.

14:41

Jordan Neely had a history of mental health issues, drug addiction

Neely, 30, was a famous Michael Jackson impersonator and often seen across the city dancing in a red Thriller leather jacket and the popstar’s quintessential loafers.

According to his family, he suffered from autism and schizophrenia and was permanently scarred by the murder of his mother, Christine Neely, in 2007.

He was arrested 42 times in the last decade of his life.

14:36

Prosecutor Dafna Yoran's breathtaking 'hypocrisy' revealed

Assistant Manhattan DA Dafna Yoran has asked jurors to convict the marine veteran of manslaughter over the subway chokehold death of Jordan Neely, despite previously pushing for ‘restorative justice’ for criminals.

14:31

Disturbing Daniel Penny posters plastered across New York subway car

Early Thursday morning an ‘autonomous group of New Yorkers reclaimed an F train car’ – the same subway line that Jordan Neely was killed on by the Marine Corp veteran on May 1, 2023. 

The black-and-white signs displayed the words ‘A MAN WAS LYNCHED HERE’ along with Neely’s name, as they replaced previous ads on the train.

14:27

Neely's uncle demands guilty verdict

14:17

Penny's lawyer revealed why he declined to testify in Jordan Neely manslaughter case

One of Penny’s lawyers, Daniel Kenniff, noted after court that jurors did hear from Penny, in the form of his recorded statements to police minutes and hours after he put Neely in a chokehold.

14:10

Jurors were shown Penny's interview with police after Neely's death

Penny told police he was not trying to kill Neely, who he described as a ‘crackhead.’

14:01

Legal analyst says judge 'is forcing jury to convict'

Fox News political activist Gregg Jarrett accused Judge willey of ‘rewriting his own rules’ after he allowed the prosecution’s request to drop the manslaughter charge against Penny after the jury was deadlocked.

‘If the jury convicts on the lesser charge, it would be overturned on appeal because the judge contradicted hisown earlier ruling that the jury could only consider the second act if they found Penny not guilty of the first count,’ Jarrett said.

‘The judge is letting the jury do what he said he couldn’t do, and the defense is right, this is coercive, sort of forcing the jury to convict by changing the rules.’

13:47

Daniel Penny's lawyers blast 'desperate' prosecutors for rare jury request and 'bully' tactics

13:34

Prosecutors showed the jury shocking evidence in closing arguments

Assistant District Attorney Dafna Yoran on Tuesday displayed a graphic photo of inside Neely’s eye, taken during an autopsy after his death, which shocked the room.

The image was blasted across four screens – two facing the jury, a third facing the viewing gallery and a fourth directly in front of the defendant.

Meanwhile Penny’s lawyer tore into the prosecution after journalists were peppered with emails from the DA’s office ordering them to include certain details in their stories.

In his closing arguments defense attorney Steven Raiser pointed out no expert witness during the trial could prove key elements beyond reasonable doubt.

13:31

Jury could not reach verdict on key manslaughter charge

The jurors began deliberating Tuesday and at the time were told they needed to reach a verdict on the manslaughter count before they could consider criminally negligent homicide.

But on Friday, they told the judge they were deadlocked on the top charge, and remained so even after Wiley urged them to keep trying.

Penny, seen below, listens as Judge Maxwell Wiley presides in his trial at Manhattan Criminal Court in New York City, on December 6.

Defendant and former U.S. Marine Daniel Penny, who is accused of killing a homeless man, Jordan Neely, by putting him in a chokehold on the New York City subway, listens as Judge Maxwell Wiley presides in his trial at Manhattan Criminal Court in New York City, U.S., December 6, 2024, in this courtroom sketch. REUTERS/Jane Rosenberg

13:21

Jordan Neely's parents are suing Daniel Penny for assault and battery

ordan Neeley’s family have filed a lawsuit against Daniel Penny – a homeless man who died after he was held in a chokehold on the New York subway last year.

They are suing Penny, a former member of the Marine Corps, for negligent contact, assault, and battery that caused injuries and ultimately death, The Independent has reported.

13:19

Top lawyer tears into Manhattan DA Alvin Bragg for trying to 'strong-arm' Daniel Penny jury

The judge overseeing Penny’s trial dismissed the top charge in the case on Friday at the request of prosecutors, allowing jurors to consider a lesser count after they deadlocked on whether he was guilty over the death of Jordan Neely on a New York subway train.

Judge Maxwell Wiley’s decision will now let jurors deliberate a charge of criminally negligent homicide, which carries a lighter punishment.

13:17

Who is Daniel Penny?

The Long Island native was 24 years old when he had the fatal encounter with troubled former Michael Jackson impersonator, Jordan Neely, on an F train in Manhattan in May, 2023.

13:16

What is manslaughter?

Manslaughter requires proving a defendant recklessly caused another person’s death, and carries up to 15 years.

Criminally negligent homicide, which carries punishments ranging from probation to up to four years in prison, involves engaging in serious ‘blameworthy conduct’ while not perceiving such a risk.

The jury could not come to an unanimous decision on whether Penny was guilty or not of manslaughter.

13:16

Penny could still face prison time over lesser charge

Judge Maxwell Wiley shockingly allowed the prosecution to drop the manslaughter charge on Friday after jurors were deadlocked – and after the defense asked for a new trial due to a hung jury.

While the judge allowed prosecutors to drop the most serious charge, which carried up to 15 years in prison, Penny still faces up to four years punishment if convicted of the lesser charge.

Criminally negligent homicide carries punishments ranging from probation to up to four years in prison.

It involves engaging in serious ‘blameworthy conduct’ while not perceiving such a risk.

Below, Daniel Penny enters Manhattan Supreme Court Monday as the jury in the chokehold death of Jordan Neely deliberate for a fifth day.

Daniel Penny enters Manhattan Supreme Court as the jury in the chokehold death of Jordan Neely deliberate for a fifth day.

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