Daniel Penny Acquitted in Subway Chokehold Death

By Ben Kochman, Kyle Schnitzer and Emily Crane.

Marine veteran Daniel Penny [wearing brown jacket] was acquitted by a Manhattan jury Monday in the choke hold death of Jordan Neely – a lightning-rod case that cast a light on the mayhem plaguing Big Apple subways.

Jurors cleared Penny, a 26-year-old Long Islander, of criminally negligent homicide after the fatal caught-on-camera encounter on an uptown F train last year sparked fierce debate about mental illness, public safety and vigilantism.

A suited-up Penny, who remained stone-faced for much of the four-week trial, broke out a huge smile as his not guilty verdict was read out – prompting both applause and anger inside the courtroom as the high-profile case came to an end.

Manhattan District Attorney Alvin Bragg – who quickly faced calls to resign for bringing the case against Penny in the first place — said he respected the jury’s ruling and insisted prosecutors “followed the facts and the evidence from beginning to end.”

“It really, really hurts,” Neely’s father, Andre Zachery, said after the verdict. “I had enough of this. The system is rigged.”