Daniel Penny, the former Marine who was charged but acquitted in killing Jordan Neely, a Black homeless man, in a New York City subway, shared the spotlight with President-elect Donald Trump and his entourage on Saturday at the Army-Navy game in Landover, Maryland.
Penny, who has received praise in conservative circles and jeers from others for his actions in May 2023, was seen chatting and laughing with Trump and Vice President-elect J.D. Vance, who invited the 25-year-old to the game.
Vice President-elect J.D. Vance and Daniel Penny, a former U.S. Marine who was found not guilty of criminally negligent homicide in the 2023 chokehold death of a man on a New York City subway train, react at the Army-Navy football game in Landover, Maryland, Dec. 14, 2024.
He did not speak to the press.
Daniel Penny, a former U.S. Marine who was found not guilty of criminally negligent homicide in the 2023 chokehold death of a man on a New York City subway train, attends the Army-Navy football game in Landover, Maryland, Dec. 14, 2024.
President-elect Donald Trump, Vice President-elect J.D. Vance and Daniel Penny, a former U.S. Marine who was found not guilty of criminally negligent homicide in the 2023 chokehold death of a man on a New York City subway train, attend the Army-Navy football game in Landover, Maryland, Dec. 14, 2024.
Trump, who attended the same game in 2016 after winning the election, did not make any speeches but saluted during the national anthem and gave a fist pump and wave to a crowd.
In addition to the president and vice-president-elect, Penny joined Pete Hegseth, Trump’s pick to lead the Department of Defense; former Rep. Tulsi Gabbard, Trump’s selection to be director of national intelligence; House Speaker Mike Johnson; incoming Senate Majority Leader John Thune, Pennsylvania Sen.-elect David McCormick and Elon Musk at the game.
Speaker of the House Mike Johnson, President-elect Donald Trump, Tesla CEO Elon Musk, Vice President-elect JD Vance, and National Intelligence Director nominee former Rep. Tulsi Gabbard, attend the 125th Army-Navy football game at Northwest Stadium on Dec. 14, 2024, in Landover, Maryland.
Kevin Dietsch/Getty Images
Penny’s invitation came days after a Manhattan jury acquitted him of criminal charges for the incident on the F train on May 1, 2023. Neely, who was homeless at the time, boarded a subway car at the Second Avenue stop and was described by witnesses as yelling and moving erratically when Penny put Neely in a chokehold, which prosecutors alleged lasted for six minutes, according to officials.
Some of the incident was captured on video.
The city’s medical examiner concluded Penny’s chokehold killed Neely and ruled he died due to compression of the neck.
Neely, a 30-year-old former street performer who would impersonate Michael Jackson, had a history of homelessness and schizophrenia.
In this 2009, file photo, Jordan Neely is pictured before going to see the Michael Jackson movie “This is It” outside the Regal Cinemas on 8th Ave. and 42nd St. in Times Square, in New York.
Andrew Savulich/Getty Images, FILE
He had been convicted of assaulting people at subway stations, according to police. However, passengers on the train the day Neely died said he did not touch anyone during the incident.
However, Neely had expressed a willingness to die or even kill while on the train, according to investigators.
In this Oct. 21, 2024, file photo, protesters gather outside of a New York City courthouse as jury selection begins in the trial of Daniel Penny, who is charged in the death of Jordan Neely, in New York.
Spencer Platt/Getty Images, FILE
Penny was charged with manslaughter and negligent homicide but received praise from some conservative leaders, right-wing media pundits and others for what they claimed was an act of self-defense.
“Daniel’s a good guy, and New York’s mob district attorney tried to ruin his life for having a backbone,” Vance posted on X this week.
Others, however, criticized the former Marine for taking the life of a homeless Black man in need of mental health services.
The Manhattan jury deliberated for 24 hours over five days and was deadlocked on the manslaughter charge, which carried a 15-year prison sentence, forcing the judge to dismiss it. The jury delivered a verdict of not guilty on the negligent homicide charge on Monday.
In an interview with Fox Nation, Penny described himself as being in a “vulnerable” position.
Daniel Penny walks towards the courtroom, Dec. 6, 2024, in New York.
“He was just threatening to kill people,” Penny told host Jeanine Pirro about Neely. “He was threatening to go to jail forever, to go to jail for the rest of his life.”
Penny has been named in a lawsuit by Neely’s father, Andre Zachery, for negligent contact, assault and battery that led to Neely’s death.
“I promised this family justice — we are still going to do that,” Donte Mills, the attorney representing Zachery, said following Penny’s conviction. “The district attorney did a good job, but the jury in this case let us down.”
