Daniel Penny
Screenshot of bystander's video of tragic altercation between Daniel Penny and Jordan Neely (Fox 5 News)

Daniel Penny, a 26-year-old Marine veteran, was acquitted on Monday of criminally negligent homicide in the controversial subway chokehold death of Jordan Neely. The verdict sparked heated reactions both inside and outside the courtroom, with Black Lives Matter (BLM) leader Walter "Hawk" Newsome issuing a stark warning, calling for "black vigilantes" to take action in the face of systemic racial injustice.

Courtroom Chaos and a Call to Action

Newsome, who claims to be Neely's uncle, erupted with anger following the jury's decision. Addressing Penny in court, he said, "It's a small f**king world, buddy." Later, speaking to protesters and media outside the courthouse, he demanded the establishment of "black vigilantes," stating, "Everybody else has vigilantes. We need some black vigilantes," as reported by Fox News.

Newsome went on to criticise the justice system, declaring that black Americans could no longer rely on authorities to protect them. "America will never fix the issue of black people because America needs a punching bag," he said, per Daily Mail. His fiery speech escalated further as he proclaimed, "F**k America. How dare you laugh and cheer when someone gets away with murdering us."

The Incident That Divided a Nation

The case centred on a 2023 subway altercation during which Penny subdued Neely, a 30-year-old homeless black man with a history of mental illness, using a chokehold. Neely had barged onto the train shouting threats and alarming passengers. Witnesses testified that his behaviour went beyond typical subway outbursts, leaving many in fear for their safety.

Penny, who claimed he acted to protect other passengers, restrained Neely while waiting for police to arrive. By the time authorities intervened, Neely had lost consciousness and later died. Pathologists attributed his death to asphyxiation caused by the chokehold, according to Mother Jones.

Neely's troubled past came to light during the trial, revealing a long history of arrests and untreated schizophrenia. At the time of the incident, he was high on K2, a synthetic marijuana that exacerbates aggressive behaviour. Despite this, activists and Neely's family argued that Penny's actions reflected systemic racial bias.

The Trial and Its Aftermath

Penny faced charges of second-degree manslaughter and criminally negligent homicide. The trial, which stretched over six weeks, included emotional testimonies from passengers, bystanders, and medical experts. Jurors deliberated for several days before finding Penny not guilty on all counts. Prosecutors dropped the manslaughter charge after the jury indicated they could not reach a verdict on it.

Penny's defence centred on his claim that he had no intention to kill Neely, insisting his actions were purely defensive. His legal team described the subway as a "climate of fear" at the time, citing numerous violent incidents involving mentally ill individuals on public transit. Penny had expressed concern about the safety of passengers, referencing previous subway shoving incidents where victims were pushed onto tracks, per Fox News.

Protests and Public Outcry

Newsome's remarks came amid widespread protests that erupted in response to Penny's acquittal. Demonstrators gathered outside the courthouse, chanting slogans such as "no peace without justice" and directing their anger at both the police and the judicial system. Some called Penny the "subway strangler," accusing him of using excessive force and demanding accountability, according to Daily Mail.

Protests continued throughout New York City, with activists blocking streets and holding vigils for Neely. The incident has reignited debates about racial injustice, mental health, and the limits of self-defence.

Neely's Tragic Background

Neely was a familiar figure in Times Square, known for impersonating Michael Jackson. However, his life took a downward spiral following his mother's murder, which left him deeply traumatised. Over the years, he struggled with homelessness and mental health issues, leading to frequent encounters with the law.

During the trial, prosecutors portrayed Neely as a vulnerable individual failed by the system, while the defence highlighted his history of aggressive behaviour and the immediate threat he posed to passengers on the subway.

Reaction from Public Figures

Manhattan District Attorney Alvin Bragg, whose office had initially charged Penny, issued a statement respecting the jury's decision but condemning the threats received by prosecutors during the trial. "Talented career prosecutors and their family members were besieged with hate and threats – on social media, by phone, and over email," Bragg said, per Fox News.

Meanwhile, Penny's acquittal was celebrated by some as a victory for self-defence rights. Public defender-turned-politician Maud Maron criticised Bragg for pursuing charges against Penny, stating, "The NYPD officers who initially interviewed Daniel Penny and declined to arrest him got it right."