Daniel Penny found not guilty in chokehold death of homeless man

Former US Marine Daniel Penny has been found not guilty of criminally negligent homicide for putting a homeless man in a fatal chokehold.

Jurors deliberated for five days before declaring Mr Penny not guilty beyond a reasonable doubt in the death of 30-year-old Jordan Neely on a New York City train on 1 May, 2023.

The verdict comes after prosecutors agreed to drop a more serious charge of second-degree manslaughter on Friday, as jurors could not reach an agreement.

The move allowed the jurors to move on to consider the second lesser charge of negligent homicide.

Prosecutors had argued that Mr Penny acted recklessly by restraining Neely for several minutes after he lost consciousness.

Lawyers for Mr Penny said he was trying to protect other subway riders when he stepped in to subdue Neely, and that other medical factors may have caused his death.

Mr Neely’s death sparked protests across the city and reignited debates over public transportation safety and how the city cares for its residents who struggle with mental health issues and homelessness.

The verdict, announced on Monday, was met with loud applause in the Manhattan courtroom. Mr Penny appeared to smile while his attorneys hugged.

Mr Neely's father was removed from the courtroom for yelling.