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Brian Kilmeade
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On Air Now

Brian Kilmeade
Weekdays 10AM-Noon

Daniel Penny found not guilty

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© The Journal News-USA TODAY NETWO

(New York, NY) — A Manhattan jury has found Daniel Penny not guilty in the chokehold death of Jordan Neely on a subway last year.  The jury acquitted Penny of criminally negligent homicide Monday morning. A guilty charge would have put the Long Island marine veteran behind bars for up to four years. Penny put Neely, a homeless man into a chokehold aboard an F train back in May 2023, in a bid to protect fellow riders from Neely who was acting erratically.

The top charge of Manslaughter against Penny was dropped on Friday, after the jury told the presiding judge that they could not reach a unanimous verdict.

Jurors in the end sided with Penny’s assertion that he put Neely in a chokehold to protect riders on the crowded subway car.

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