What Happened
A Manhattan judge dismissed the top manslaughter charge against Daniel Penny after jurors deadlocked twice during deliberations in the controversial subway chokehold case. Penny, a former Marine, had faced second-degree manslaughter for the death of Jordan Neely, a 30-year-old homeless man, following a six-minute chokehold on a Manhattan F train in May 2023.
Key Details
The jury could not reach a consensus on whether Penny’s actions were reckless enough to warrant a manslaughter conviction, which carries a maximum sentence of 15 years.
Manhattan Supreme Court Justice Maxwell Wiley instructed the jury to focus on the lesser charge of criminally negligent homicide, which carries a penalty of probation to four years in prison.
The decision effectively removes the possibility of retrying Penny on the more serious manslaughter charge, regardless of the verdict on the remaining count.
What’s Next?
Jurors will return Monday to deliberate on the lesser charge. They will decide if Penny failed to perceive the risk his chokehold posed to Neely and if he should have recognized the potential for harm.
The Case In Context
Justification defense: The jury must determine if Penny’s actions were necessary to defend himself and others and whether a "reasonable person" in his position would have acted similarly.
Witnesses testified that Neely had been yelling and scaring passengers but did not physically threaten anyone or display a weapon.
Prosecutors’ Stance
Assistant District Attorney Dafna Yoran argued that dropping the manslaughter charge could prevent a "compromise verdict," a scenario in which jurors might split on differing charges without a clear rationale.
Prosecutors contend that Penny acted recklessly and did not face an imminent threat.
Defense Reaction
Penny’s lawyers criticized the judge’s decision, calling it a potential ploy to pressure jurors into convicting on the lesser charge. They maintain that Penny acted in self-defense, citing passengers' fear of Neely's behavior on the train.
Public Debate
The case has ignited a broader conversation about mental health, public safety, and justice in New York City. Neely, who had a history of mental illness and prior police encounters, has become a symbol of the city’s strained mental health system.
What to Watch
If convicted of criminally negligent homicide, Penny faces a maximum of four years in prison. It remains uncertain how aggressively Manhattan District Attorney Alvin Bragg’s office will pursue sentencing in this closely watched case.
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