A Manhattan jury has found Daniel Penny not guilty of criminally negligent homicide in the death of Jordan Neely.

Penny, a 26-year-old Marine veteran, placed 30-year-old Neely in a chokehold after Neely began acting erratically on a New York City subway and threatening commuters’ lives, according to law enforcement.

Witnesses stated that Neely, a homeless man, was shouting and behaving erratically on the F train, making them feel threatened. Prosecutors alleged that Penny held Neely in a chokehold for approximately six minutes, but Penny disputed that saying that the entire encounter lasted only a few minutes.

The more serious charge of second-degree manslaughter was dismissed last week after the jury failed to reach a verdict.

Democratic Manhattan District Attorney Alvin Bragg announced charges against Penny on June 28, 2023. Penny, who faced up to 15 years in prison, pleaded not guilty. The veteran and architecture student maintained his actions were in self-defense.

New York City and the state of New York have experienced a rise in crime in recent years, with residents reporting a decline in overall quality of life as violent crime has increased. In 2023, fewer than half of New Yorkers reported feeling safe using the subway.

Liberal prosecutors, including Manhattan District Attorney Alvin Bragg, have faced criticism for “soft-on-crime” policies, such as declining to prosecute repeat offenders. Neely had been arrested 42 times prior to the incident.

Pundits have argued that race may have influenced the decision to charge Daniel Penny, a white Marine veteran, in the death of Jordan Neely, who was Black. Penny’s defense team requested a mistrial, citing veiled threats made against jurors by protesters outside the courtroom. The judge denied the motion.

Penny shared his perspective on the incident during a June 2023 interview with Law&Crime Network. He recounted that Neely boarded the subway appearing to be under the influence of drugs and began acting erratically while yelling at passengers.

Penny said he removed his headphones to pay closer attention. “The three main threats that he repeated over and over were, ‘I’m going to kill you,’ ‘I’m prepared to go to jail for life,’ and ‘I’m willing to die,’” Penny told the outlet.

Assistant District Attorney Dafna Yoran wrapped up her closing arguments Tuesday. She told the jury that “as the chokehold progressed, the defendant knew that Jordan Neely was in great distress and dying, and he needlessly continued.”

She said Monday that Neely boarded the F train in an “extremely threatening manner” but claimed “so much less than deadly physical force would have done the job of protecting the passengers from Mr. Neely,” according to ABC News.