Daniel Penny acquitted of murder of Jordan Neely

A Manhattan jury has decided to acquit Daniel Penny of felony murder by strangulation of Jordan Neely on the New York subway. He was facing up to four years in prison.

After hearing closing arguments from Penny's defense, jurors sided with the defendant, asserting that there was insufficient evidence that the cause of the homeless man's death was strangulation and saying Penny's actions were in defense of people riding the subway.

"Who would you want on the next train ride with you? The guy on the train with the earbuds minding his own business, who you know will be there for you if something happens? Or, you just hope someone like Neely never enters, especially when you’re all alone," said Penny's defense.

Last Friday, the case's trial judge, Maxwell Wiley, accepted the Manhattan District Attorney's Office's motion to dismiss the more serious charge of second-degree murder against Penny after hearing testimony from more than 40 witnesses. Some of them went so far as to claim that Neely said he was "willing to die or go to jail."

Another witness said he feared for his life. The homeless man's aggressive behavior led Penny to act as he did. A video of the event was also critical evidence in determining the final ruling in the trial.