Daniel Penny, the Marine veteran who was acquitted by a jury after he was charged with manslaughter and negligent homicide in the death of a homeless Michael Jackson impersonator, Jordan Neely, after placing him in a chokehold on a New York subway last year, has been hired by an upscale Silicon Valley investment firm. 

The Free Press first reported on Tuesday of the hire, publishing parts of an internal memo from David Ulevitch, a general partner at Andreessen Horowitz, who confirmed Mr. Penny’s new position.

“He will learn the business of investing and he will work to support our portfolio companies,” Mr. Ulevitch wrote to the employees.

Mr. Ulevitch “envisions,” the outlet further reported, that Mr. Penny will help “strengthen the firm’s relationship with the Department of Defense and public safety sector.” Mr. Penny will work in New York at American Dynamism, a branch of the firm which, according to its website, “invests in founders and companies that support the national interest: aerospace, defense, public safety, education, housing, supply chain, industrials, and manufacturing.” 

Mr. Penny’s picture is already on the firm’s website, where he is introduced as a “Deal Partner.” It’s a major departure from last year, when Mr. Penny, 26, faced the prospect of prison after the Manhattan district attorney, Alvin Bragg, charged him with manslaughter in the second degree and negligent homicide in the death of Neely, the street performer. 

The high-profile and racially charged case polarized the public. Mr. Penny’s supporters – who included Elon Musk – raised over three million dollars in an online campaign, while Neely’s supporters demanded retribution. During the seven week-long trial, Black Lives Matter activists and other protesters, including activists from the Rev. Al Sharpton’s National Action Network, gathered outside the Manhattan criminal courthouse, and protested almost every day.  

Mr. Penny, who was born and raised at West Islip on the south shore of Long Island, was living in Manhattan’s East Village and studying architecture and engineering at City Tech, when he encountered Neely on a northbound F train in May, 2023. Neely, who was 30 years old and homeless at the time, was known for his Michael Jackson impersonations on subways, and could be seen moonwalking at Times Square. He also had a history of drug abuse, severe mental illness and over forty prior arrests, some for violent crimes. 

Eyewitnesses who testified during the trial described Neely’s behavior as aggressive and menacing. He entered the train car and tossed his jacket to the floor, shouting that he was hungry, thirsty, ready to go to prison and ready to die. One eyewitness said he threatened to harm other passengers. Mr. Penny, who was standing close to him in the moving subway car, grabbed Neely from behind, placed him in a chokehold and brought him to the floor of the car. After the train arrived at the next station and the doors had opened, Mr. Penny lay on the subway car’s floor, holding Neely  in the chokehold – in what resembled a macabre embrace – for about six minutes. Two other men helped Mr. Penny restrain Neely. When the police arrived, Neely was unresponsive. He was pronounced dead at the hospital an hour later. 

The incident was filmed by a freelance journalist on his cellphone. The video went viral and sparked citywide protests. Social and racial justice activists demanded justice for Neely, who was black, and that Mr. Penny, who is white and who had initially been released by the police, be arrested and brought to trial. Mr. Bragg took ten days before he charged Mr. Penny. His representatives denied that he reversed his position on the case due to public pressure, and claimed he needed time to review video footage and speak to witnesses. 

During the trial, prosecutors argued that Mr. Penny acted recklessly, because he held Neely too long, and having trained in the Marines, should have known that chokeholds can kill. But the defense insisted that Mr. Penny was trying to protect himself and his fellow subway riders from an unpredictable aggressor.  

The trial heard testimonies from Mr. Penny’s mother and sister, who both spoke about his “soft side” and his love for surfing. The jury also heard from Marines who had served with him. The prosecution called numerous eye witnesses, first responders and a city medical examiner, who ruled Neely’s death a homicide by “asphyxiation.” A rival medical examiner hired by the defense testified that Neely died from a confluence of circumstances, including chronic drug use and a blood oxygen problem triggered by a “sickle cell trait”.      

After hearing over twenty witnesses, the jury deadlocked. In a highly unusual legal maneuver, prosecutors decided to drop the manslaughter charge, and asked the jury to deliberate on the lesser charge, negligent homicide, which carries a maximum sentence of four years in prison. The twelve Manhattanites found that Mr. Penny was not guilty.

In an interview with Fox News shortly after the trial, defense attorney Steven Raiser said that “a huge burden” was “lifted” from Mr. Penny’s shoulders, but that “scars” would “remain here.” His client, the attorney added, was looking forward to moving on with his life and finishing his architectural degree. But it appears Mr. Penny has left architecture behind and will now embark on a journey in high finance.

Defense attorney Thomas Kenniff told the New York Times on Tuesday that he and his colleague Mr. Raiser were “extremely happy” for their client.  

“The unjust prosecution not only put his liberty at jeopardy but also risked depriving society of a decent and talented young man,” Mr. Kenniff told the New York Times. “And we know that he will be going on to do great things as he enters this next chapter of his life.”

In his internal memo, Mr. Ulevitch wrote that Mr Penny acted courageously when he encountered Neely on that tragic day.     

“I believe, as I know many of you do, that Daniel acted with courage in a tough situation,” Mr. Ulevitch wrote to his employees, according to the Free Press. “He was acquitted of all charges. Beyond that, it has always been our policy to evaluate the entire person and not judge them for the worst moment in their entire life.”

“We believe in Daniel and are excited to have him as part of our team,” Mr. Ulevitch’s note added. 

The firm’s co-founder, the technology legend Marc Andreessen, who created Mosaic, one of the first widely used web browsers, has in recent years become a vocal opponent of so-called “woke” culture. He is a strong supporter of President Trump and last week told the political journalist Mark Halperin that he’s “an unpaid intern” advising Mr. Trump, mostly on personnel. Mr. Andreessen has also criticized President Biden for trying to destroy the technology industry, and told Mr. Halperin that Vice President Harris, despite her Bay Area roots, came after him “with hammer and tongs.”

The New York Times reported that Sriram Krishnan, previously a general partner at Andreessen Horowitz, and a “confidant of Mr. Musk” had been appointed by President Trump as an advisor on artificial intelligence policy. 

Shortly after his acquittal, Mr. Penny attended the Army-Navy football game in the President-elect’s box. Others in the box  included Vice President J.D Vance, Speaker Johnson and Mr. Musk.

Mr. Vance, who had invited Mr. Penny to the football game, was also excited about the new job. “Incredible news,” the vice president posted on X Tuesday night.