Daniel Penny Choke Video: What Really Happened on the F Train

It’s one of those clips that sticks in your brain. You’ve probably seen the grainy footage or at least heard the screaming in the background. On May 1, 2023, a 24-year-old Marine veteran named Daniel Penny put Jordan Neely, a homeless street performer, into a fatal restraint. The daniel penny choke video didn’t just go viral; it basically split the country into two angry camps overnight.

Was it a heroic act of a bystander protecting a subway car full of terrified people? Or was it a reckless act of vigilantism that went way too far? To understand what the jury eventually decided in December 2024, you have to look past the 15-second clips on social media.

The Six Minutes That Changed Everything

The incident happened on a northbound F train in Manhattan. Jordan Neely, who was 30 and well-known for his Michael Jackson impersonations, boarded the train and started acting erratically. Witnesses testified that he threw his jacket down and started shouting. He said he was hungry, thirsty, and "ready to die."

Honestly, if you've ever ridden the New York City subway, you’ve probably seen someone having a bad day. But witnesses in the trial said this felt different. They described Neely's tone as "terrifying." One 19-year-old student, Ivette Rosario, testified that Neely yelled someone was going to "die today."

That is when Daniel Penny stepped in.

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He came up behind Neely and took him to the floor. The daniel penny choke video—mostly filmed by freelance journalist Juan Alberto Vázquez—shows Penny on the ground with his arm wrapped around Neely's neck. Two other passengers actually helped hold Neely's arms down.

Here is the thing about the video: it’s long. It shows a struggle that lasted about six minutes. Prosecutors focused on the fact that Penny kept the hold on even after the train pulled into the Broadway–Lafayette Street station and the doors opened. They argued that once the "threat" could leave, the force was no longer justified.

Breaking Down the Legal Battle

The trial, which wrapped up in late 2024, turned into a massive battle of experts. You had the city’s medical examiner saying Neely died from "compression of the neck." Then you had the defense’s forensic pathologist, who argued it wasn't the chokehold alone. They pointed to Neely having K2 (synthetic marijuana) in his system, his history of schizophrenia, and a sickle cell trait that can cause sudden death during intense physical exertion.

• The Prosecution's View: Penny was reckless. He should have known that holding someone's neck for six minutes is lethal.
• The Defense's View: Penny used a "modified civilian restraint." He wasn't trying to kill him; he was waiting for the cops.
• The Marine Factor: Joseph Caballer, a Marine martial arts instructor, testified that Marines are taught to release a choke after five seconds. But he also admitted that in a real-world "struggle," things get messy.

The Verdict and Why It Matters

After 20 hours of deliberation, the jury reached a decision on December 9, 2024. They were actually deadlocked on the more serious charge of second-degree manslaughter. Because they couldn't agree, the judge dismissed that charge.

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They then moved to the lesser charge: criminally negligent homicide.

The jury found Daniel Penny not guilty. It was a huge blow to Manhattan DA Alvin Bragg's office. For Penny's supporters, it was a win for "good Samaritans." For Neely’s family, it felt like the system failed a man who was clearly in a mental health crisis and just needed a meal.

Facts vs. Online Myths

There’s a lot of noise surrounding the daniel penny choke video, so let’s clear up some specifics.

1. The "15-minute" claim: Early reports said the choke lasted 15 minutes. The video evidence and witness testimony showed it was closer to six.
2. The Muffin: When police searched Neely’s pockets after he died, they didn't find a weapon. They found a muffin.
3. The Recovery Position: The video actually shows Penny and another man turning Neely onto his side after he went limp. This is called the "recovery position," meant to keep someone from choking on their own spit. This was a key point for the defense to show Penny didn't have "intent" to kill.

What Can We Learn From This?

Looking back at the footage, it’s a tragedy with no winners. A man lost his life while in a state of psychosis, and a young veteran had his life upended by a trial that became a political lightning rod.

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If you're ever in a situation where you feel a threat is imminent, the legal threshold for "justification" is incredibly high. The Penny case shows that even if a jury acquits you, the line between "restraint" and "lethal force" is razor-thin.

If you want to understand the full context of the daniel penny choke video, the best thing to do is look at the unedited bystander footage alongside the NYPD bodycam videos released during the trial. These show the immediate aftermath where officers administered Narcan and performed CPR, trying to save a man who had already slipped away.

Actionable Insights for Public Safety

• Awareness: If a passenger is acting erratically, move to the next car if possible. This is the "de-escalation" method transit experts always recommend.
• Reporting: Use the "MTA Help" points or transit apps to alert authorities immediately rather than taking physical action yourself unless there is an immediate physical attack.
• Legal Reality: Using any form of neck restraint is considered "deadly physical force" in many jurisdictions, regardless of your training or intent.

The Daniel Penny case will likely be studied in law schools for decades. It forces us to ask what we owe to each other in a crowded, often chaotic city—and where the law should draw the line when things go wrong.

Next Steps for Deeper Understanding:

1. Read the Trial Transcripts: Specifically the testimony of the passengers who were in the car. Their fear was the pivot point for the "not guilty" verdict.
2. Review New York State's Article 35: This is the specific law on "Justification" (self-defense) that the jury had to follow to reach their decision.
3. Explore Mental Health Resources: Many advocates argue Neely’s death was a failure of the city's "Kendra’s Law" and outpatient treatment programs.