by Maya Dorsam ‘27

A court was recently tasked with deciding the outcome of a case surrounding the controversial death of a homeless man by a former Marine on the New York City subway in 2023. The jury sat deadlocked twice before reaching a not-guilty verdict just over a week ago. While many are celebrating the verdict, including a number of Republican politicians, Daniel Penny should have been convicted of second-degree manslaughter despite claims that he killed Jordan Neely in defense of the threat Neely may have posed to himself and others.

Penny placed Neely into a deadly six-minute chokehold after witnesses testified that Neely yelled, “Someone’s going to die today!” and that he was ready to go to jail for life. While the threat posed reason for concern, Penny never attempted to diffuse the situation before resorting to violence. Video presented at trial shows a bystander offering to hold Neely’s arms down, allowing Penny to release his neck. Others pleaded with Penny to release Neely. Instead, Penny continued his hold even after Neely stopped moving. Neely, who was suffering from schizophrenia and was high on a synthetic cannabinoid when he died, did not have a weapon. Penny’s actions were disproportionate to the threat, making his acquittal unjust.