Daniel Penny takes in Army-Navy game with Trump, Vance days after acquittal

December 14, 2024

(LANDOVER, Md.) -- 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 with Trump and Vice President-elect J.D. Vance, who invited the 25-year-old to the game.

He did not speak to the press.

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 and Pennsylvania Sen.-elect David McCormick at the game.

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.

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.

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.

"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."