It was one of those moments that froze New York. On May 1, 2023, a subway car became a courtroom and a cage. Jordan Neely, a homeless street performer known for his Michael Jackson impersonations, was acting erratically—shouting, throwing things, and allegedly threatening passengers. Daniel Penny, a 24-year-old Marine veteran, stepped in. He put Neely in a chokehold. Minutes later, Neely was dead.
Since then, the legal saga has been as much about the money as it has been about the law. If you’ve been looking for a Daniel Penny GoFundMe update, you've probably noticed something weird. You can’t actually find the main fundraiser on GoFundMe.
That’s because GoFundMe wasn't where the action happened. Because of the platform’s strict terms regarding fundraisers for violent crimes, Penny’s legal team turned to GiveSendGo, a Christian-based crowdfunding site. And honestly? The numbers were staggering. People were donating $1,000 a minute at the height of the frenzy.
The Massive Scale of the Daniel Penny Legal Fund
By the time the dust settled on the initial fundraising surge, more than $3 million had been poured into Penny's defense. It wasn’t just small-dollar donors, though they made up the bulk of the 60,000+ contributions. Big names jumped in too. Kid Rock famously donated $5,000 and left a pointed message for Manhattan District Attorney Alvin Bragg. Florida Governor Ron DeSantis even tweeted out the link, calling Penny a "Good Samaritan."
But where did that money go?
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Defending a high-profile felony case in Manhattan is incredibly expensive. We’re talking about a legal team led by Thomas Kenniff and Steven Raiser. These aren't public defenders. They are top-tier litigators. The fund was designed to cover:
- Trial defense fees (which can easily run into the high six figures).
- Expert witness testimonies.
- Private investigators.
- Security for Penny and his family.
- Potential future civil lawsuits.
Interestingly, the lawyers made a public promise. They stated that any money left over after the legal battles would be donated to a mental health advocacy program in New York City. Given the trial's outcome, many are wondering if that donation has happened yet.
What Happened at the Trial?
The legal climax came in December 2024. Penny was facing charges of second-degree manslaughter and criminally negligent homicide. The prosecution’s argument was pretty straightforward: they claimed Penny’s actions were reckless and that he ignored the "substantial risk" of death by holding the chokehold for so long.
The defense had a different take. They argued Penny acted to protect others and never intended to kill Neely.
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Things got tense during deliberations. After days of back-and-forth, the jury told the judge they were deadlocked on the manslaughter charge. In a move that surprised some, the judge dismissed the manslaughter charge entirely, leaving the jury to focus only on the lesser charge: criminally negligent homicide.
On December 9, 2024, the jury delivered their final answer. Not guilty. Penny walked out of the courtroom a free man, but the city remained deeply divided. Some saw it as a victory for self-defense and public safety. Others saw it as a failure of the justice system to protect a vulnerable, mentally ill man.
The Civil Case: The Next Legal Frontier
Just because the criminal trial is over doesn't mean the money is sitting in a bank account gathering dust. Jordan Neely’s father, Andre Zachery, filed a civil lawsuit against Daniel Penny. In the world of law, the "burden of proof" is much lower in a civil case than in a criminal one.
Think about O.J. Simpson. He was acquitted in criminal court but found liable in civil court. This is likely where a huge portion of that $3 million is currently earmarked. Defense lawyers for civil litigation charge by the hour, and a wrongful death suit can drag on for years.
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Why the Daniel Penny GoFundMe Update Matters Now
Basically, the narrative has shifted from "Will he go to prison?" to "What happens to the surplus?" There hasn't been a public accounting of the remaining funds as of early 2026.
If you look at the GiveSendGo page today, the total still sits north of $3 million. However, the legal fees for a month-long trial in NYC with multiple high-profile attorneys likely chewed through a massive chunk of that—possibly half or more. Then you factor in the ongoing civil defense.
Sorta makes you realize why they needed that much in the first place. A legal "win" in the criminal justice system is rarely free.
Key Takeaways for Following the Case
If you're keeping tabs on this, there are a few things to keep in mind moving forward:
- Watch the Civil Court Docket: The lawsuit from Neely's estate is the main thing keeping the legal fund active. Until that is settled or a judgment is reached, the money won't be moving to any charities.
- The "Samaritan" Precedent: This case has set a massive precedent for how New Yorkers—and Americans in general—view intervening in public spaces. It's sparked debates in state legislatures about "Good Samaritan" laws.
- Transparency Demands: As time goes on, there will likely be more pressure on Penny’s legal team to show where the remaining money is going. Transparency is usually the biggest hurdle for these massive crowdfunding efforts once the "emergency" of a trial is over.
It's a complicated story with no easy answers. You've got a veteran who thought he was doing the right thing, a man who lost his life in a tragic state of mental health crisis, and millions of dollars caught in the middle.
To stay informed, you should check the New York Unified Court System's WebCivil Local site periodically for updates on the "Andre Zachery v. Daniel Penny" filings. That is where the next chapter of this story will be written.