According to Gateway Pundit, Penny was declared not guilty after a grueling five-day deliberation period that spanned over 24 hours. The former Marine had initially pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide, which were brought against him after an altercation that resulted in Neely's death. Penny had used a chokehold technique, a skill he acquired during his military service, on Neely. Prosecutors later downgraded the manslaughter charge, a move perceived as an attempt to sway the jury into finding Penny guilty of the 'lesser' charge.
The incident that led to the trial occurred on May 1, 2023. Neely, who was acting erratically and threatening passengers, boarded an F train. Penny intervened, placing Neely in a chokehold for several minutes until he ceased movement and was later pronounced dead. Neely had a criminal history, with 42 arrests over the past decade for various offenses, including an attempted kidnapping of a young girl. At the time of his death, there was an active warrant for his arrest due to an alleged assault.
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In an interview with Fox News's Jeanine Pirro, Penny confessed his discomfort with media attention, stating, “I’m not a confrontational person. This type of thing (interview) is very uncomfortable. All this attention and limelight is very uncomfortable. I would prefer without it.” Despite the discomfort, Penny stood firm in his actions, expressing no regret and emphasizing that he was not seeking public approval or attention.
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“I didn’t want any type of attention or praise and I still don’t,” Penny asserted. He further expressed the guilt he would have felt had Neely carried out his threats, saying, “The guilt I would have felt if someone did get hurt, if he (Neely) did do what he was threatening to do, I would never be able to live with myself.”
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Penny's statement underscores the weight of his decision to intervene, highlighting his willingness to face public scrutiny and legal challenges to prevent potential harm to others. “I’ll take a million court appearances and people calling me names and people hating me just to keep one of those people from getting hurt or killed,” he concluded.
