NEWS / Death certificate issue creates controversy in Daniel Penny trial

The death certificate of Jordan Neely, a New York City homeless man who died after being held in a chokehold by ex-marine Daniel Penny, was at the center of controversy during the trial of Penny, who was ultimately acquitted of criminally negligent homicide and manslaughter charges. The issue arose due to the fact that the medical examiner had issued Neely’s death certificate before the man’s full toxicology report had been completed.

The case originates from an incident that occurred aboard a subway train in Manhattan (New York City) on May 1, 2023. Neely was riding the train and acting very erratically making numerous passengers feel concerned for their safety. According to numerous witnesses, he stated that he was hungry, didn’t care if he lived or died, and wanted to return to jail. Penny, who was also aboard the train, subdued Neely and went on to hold him in a chokehold for what prosecutors claimed was 6 minutes. Neely was then found dead.

On Neely’s death certificate, a New York City medical examiner indicated that the man died from compression to his neck as a result of the chokehold.

Penny was then charged with criminally negligent homicide and manslaughter, which led to a jury trial. Prosecutors and the Neely family acknowledged that Neely needed psychiatric care but argued that Penny used excessive and unnecessary force and that man’s death could have been avoided.

“Jordan just wanted someone to acknowledge him on the train, but instead, he was choked to death.” Neely family lawyer Donte Mills was quoted by NBC News as stating.

Lawyers for Penny argued that he had selflessly stepped in to protect other passengers and that he only intended to restrain Neely before police could arrive. According to a forensic pathologist hired by Penny’s defense, Neely died from a combination of his schizophrenia, synthetic marijuana consumption, a genetic sickle cell trait he possessed, as well as his struggle with Penny’s restraint. This assessment was contradicted by the medical examiner who had conducted Neely’s autopsy, who insisted that Neely’s only cause of death was the chokehold.

The case is quite controversial, spurring debates about homelessness, the New York City subway system, mental health, and racism (as Neely was black while Penny is white). Democratic House Representative Alexandria Ocasio-Cortez stated in a post on X that “Jordan Neely was murdered”, while Republican Vice President-elect JD Vance reacted to the acquittal ruling with stated that “justice was done in this case”. Florida a Governor Ron DeSantis and House Representative Matt Gaetz (both Republicans) even promoted a fundraiser for Penny’s legal team which raised more than $3 million.