No Conviction May 1, 2023 Homicide

Jordan Neely

Jordan Neely, a 30-year-old homeless man experiencing a mental health crisis on a New York City subway train, died after being placed in a chokehold by fellow passenger Daniel Penny on May 1, 2023. Penny's manslaughter charge was dismissed after the jury deadlocked, and he was acquitted of criminally negligent homicide on December 9, 2024. The case sparked debate about mental health, homelessness, and self-defense.

Status
No Conviction
Type
Homicide
Date
May 1, 2023
Location
New York City, New York
Age
30
Gender
Male
Decade
2020s
Where the case stands
  1. Open
  2. Partly resolved
  3. Charges or trial
  4. ClosedNo Conviction

The case was closed or tried without a conviction for the death or disappearance.

Timeline to scale
Each dot is a dated event below; the distance between dots is elapsed time. The darker dot marks the incident.
May 1, 2023: Jordan Neely dies after being placed in a chokehold on the subway.December 9, 2024: Daniel Penny acquitted.202320242 years from incident to latest development
New York
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On May 1, 2023, Jordan Neely, 30, a homeless man known for his Michael Jackson impersonations, boarded an F train in Manhattan and began yelling that he was hungry and tired and didn't care if he went to prison. Witnesses said he threw his jacket on the floor.

Daniel Penny, 24, a Marine veteran, placed Neely in a chokehold from behind. Other passengers helped restrain Neely. Penny held the chokehold for approximately six minutes. Neely was pronounced dead at the hospital.

Penny was charged with second-degree manslaughter and criminally negligent homicide. The case became highly politicized, with some calling Penny a hero and others calling it unjustified killing.

In December 2024 the second-degree manslaughter charge was dismissed at prosecutors' request after the jury deadlocked on it (December 6), and the jury then acquitted Penny of criminally negligent homicide (December 9). The verdict further polarized public opinion.

2020s
  1. May 1, 2023
    Jordan Neely dies after being placed in a chokehold on the subway.
  2. December 9, 2024
    Daniel Penny acquitted.

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About this entry

This case is recorded as no conviction and is kept in the index for its historical and investigative significance. The case was closed or tried without a conviction for the death or disappearance.

To report an error on this page, email info@coldcaseindex.com.

Entry last updated September 29, 2026.