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Penny also previously faced a more serious second-degree manslaughter charge, but Judge Maxwell Wiley dismissed it Friday at the request of prosecutors afterjurors twice told the court they could not come to a verdicton the count.

Penny, a 26-year-old former Marine, would have faced up to four years in prison for a criminally negligent homicide conviction and up to 15 years for a manslaughter conviction.

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“For over 18 months our client has lived under the weight of a criminal indictment, all the while guilty of nothing more than trying to protect his fellow New Yorkers from a psychotic madman with a history of violence,” Penny’s attorney Tom Kenniff said in a statement Monday. “Today the Manhattan Jury has spoken, and the misguided prosecution of Daniel Penny will go down as a sad chapter in the history of New York criminal justice.”

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Prosecutors said Penny acted recklessly and negligently by restraining Neely in a chokehold for so long, even after Neely stopped moving. “We are here today because the defendant used way too much force for way too long in way too reckless of a manner,” prosecutor Dafna Yoran said in closing arguments.

“I wasn’t trying to injure him,” Penny said in an interview with NYPD investigators shortly after the incident. “I’m just trying to keep him from hurting anybody else. He was threatening.”

Penny’s defense attorneys also challenged the medical examiner’s determination Neely died from the chokehold and suggested the charges were brought because of “a rush to judgment based on something other than medical science.”

Outside court, Neely’s father and a family attorney expressed their disappointment with the jury’s verdict and the broader criminal justice system.

“I miss my son. My son didn’t have to go through this. I didn’t have to go through this either,” Andre Zachary said. “It hurts, it really, really hurts. What are we going to do, people? What’s going to happen to us now? I’ve had enough of this. The system is rigged.”

“Last week the jury couldn’t decide on the top charge, and they come back this week and they give up on us,” he said. “The district attorney did a good job, but the jury in this case let us down.”

Penny and his team went to a bar in Lower Manhattan following his acquittal, according to an employee of the bar who spoke with 【 - Free Consultation 】 on the phone.

Kenniff, the defense attorney, also posted a photo on Instagram of Penny, attorney Steven Raiser and himself holding drinks at the bar. “Thank you!!!”Kenniff wrotein the caption.

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“Their lengthy deliberation – and the totality of the facts and the evidence – underscored why this case was put in front of a jury of Mr. Penny’s peers,” he said in the statement. “The jury has now spoken. At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict.”

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“Jordan should not have had to die,” he said. “And I strongly believe, as I’ve been stating, probably from day one, we have a mental health system that is broken. When you have someone repeatedly going through that system, that’s a signature of failure, and we need help in Albany and in the city council. We can’t sit back and mourn the loss of someone that is caught up in the system when we’re not taking action every day.

“But a jury of his peers heard the case, saw all the facts, and all the evidence, and made a decision. And I join DA Bragg in stating that I respect the process,” he said.

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However, Gonzalez could be heard in video footage of the incident saying Penny wasn’t “squeezing” Neely’s neck in the 51 seconds before he released the chokehold. Gonzalez also testified he initially lied to investigators about what he saw and did on the subway out of fear he would be “pinned” for the killing. Prosecutors promised not to charge him in the case, he testified.

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In addition, the Marine Corps martial arts expert who trained Penny in chokeholds testified Penny was aware the holds could be lethal.

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“Restraining him for the moment was a relief, but if he would have gotten up, he would have done what he would have done,” subway rider Caedryn Schrunk said.

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Penny served four years in the Marines as a sergeant, from 2017 to 2021, with his last duty assignment at Camp Lejeune in North Carolina, according to military records.

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