HERO MARINE ACQUITTED... Manhattan Jury Finds Daniel Penny Not Guilty A Manhattan jury has found Daniel Penny not guilty on criminally negligent homicide in the death of Jordan Neely. Marine veteran Penny, 26, placed 30-year-old Neely in a chokehold after the older man began acting erratically on a New York City subway, according to law enforcement. Witnesses said Neely, a homeless man, was yelling and acting erratically on the F train after boarding, adding that they felt threatened by his behavior. Prosecutors said Penny held Neely in a chokehold for approximately six minutes.