Daniel Penny was spotted riding on a New York City subway a month after he was acquitted over the chokehold death of homeless man Jordan Neely.
The 26-year-old was snapped by a bystander appearing relaxed and reading a book on a subway in an image that quickly circulated across social media.
Penny's acquittal divided New Yorkers, with many branding him a 'hero' for his actions in May 2023 when he put Neely, a schizophrenic former Michael Jackson impersonator, in a headlock.
Although witnesses said the confrontation came after Neely threatened to kill people on the subway car, telling passengers that 'someone is going to die today', others saw the case as an overzealous Marine veteran using unreasonable and ultimately lethal force against a mentally-ill black man.
After the image of Penny back on the subways went viral this week, some said they were glad to see him living his life again while others questioned why he remained in the city following his high-profile acquittal.
'Daniel Penny spotted on the NYC subway... nature is healing,' one X user commented.
Another said: 'I would've left the DAY the trail ended.'
'I would move if I were him, he can't possibly think he's safe there,' added another.
Daniel Penny surprised Big Apple residents after he was spotted back on a subway just a month after he was acquitted in a high-profile manslaughter case
Penny was branded a 'hero' by many for his actions in May 2023 when he put Jordan Neely, a schizophrenic former Michael Jackson impersonator, in a headlock after he threatened to kill people on the subway car, telling passengers that 'someone is going to die today'
Footage of Penny placing Neely in a headlock and his subsequent trial made the marine veteran a minor celebrity in New York.
Protests were seen in the city after the case was jumped upon by Black Lives Matter, who characterized Neely's death as racist.
Penny disputed claims that race played a role in his actions, as he pointed out that a black man was among those who helped him subdue Neely after he threatened subway passengers.
Donald Trump went on to invite Penny to join him and JD Vance in his presidential suite at the Army-Navy game days after his acquittal.
Penny's freedom hung in the balance at the conclusion of his trial in December when prosecutors made a bombshell decision to drop the manslaughter charge against him, due to the jury being deadlocked.
Pushing ahead with lesser charges of negligent homicide, the jury returned a not-guilty verdict days later.
Penny, 26, joined President-elect Donald Trump and future Vice President JD Vance at the Army-Navy game days after he was acquitted
Neely (pictured), who struggled with drug abuse and mental illness, has a criminal record that included assault convictions
A day after being found not guilty, Penny sat down with Judge Jeanine Pirro and revealed that he would have felt responsible 'if someone did get hurt' after the Neely threatened to kill people onboard the train.
'The guilt I would've felt if someone did get hurt, if he did do what he was threatening to do, I would never be able to live with myself,' Penny said.
He told the former judge that he felt that he was 'in a very vulnerable position' as he held Neely back on the floor of an F train.
'He was just threatening to kill people. He was threatening to go to jail forever, go to jail for the rest of his life, and now I'm on the ground with him.
'I'm on my back in a very vulnerable position... If I just let him go, now I'm on my back and he can turn around and start doing what he said - to me... killing, hurting,' Penny explained.
Although the case sparked whirlwind attention across the nation, Penny said he is 'not a confrontational person' and someone who prefers to stay out of the spotlight.
The case itself and Penny's ultimate acquittal enraged BLM activists, who instantly called for revenge in the form of black vigilantes.
After finding him not guilty, cheering and clapping erupted in the courtroom by some, while Neely's family yelled horrendous threats, calling Penny a 'racist c**t' and warning: 'It's a small world, buddy,' before being escorted out.
Penny told Judge Jeanine Pirro after his acquittal that he would have felt responsible if someone did get hurt' after the homeless man threatened to kill people onboard the train that day
During his interview, Penny also mentioned the 'self-serving' officials who used the fatal incident as part of a 'political game'.
Despite not mentioning anyone directly, Manhattan DA Alvin Bragg, who spearheaded the case against Penny, has come under fire since the verdict was announced.
'These are their policies. And I don’t mean to get political, I really don’t’ want to make any enemies, really — although I guess I have already,' he told Pirro.
'But these are their policies that have clearly not worked, that the people, the general population, are not in support. Yet, their egos are too big to agree that they’re wrong.'
After walking free, the 26-year-old quickly dashed to a downtown bar to celebrate his win with his lawyers.
With the trial out of the way, Penny is free to return his attention to his studies. When he was charged, he was studying architecture at the New York City College of Technology.
He was also working two jobs – one as a swim teacher and also at a restaurant in Brooklyn – which he gave up to focus on the trial.
He is also not completely out of the woods after Neely's family filed a civil lawsuit against Penny last week.
Penny's legal team, Kenniff and Steven Raiser, said they will immediately set their sights on the lawsuit against their client.