Daniel Penny Trial: Manslaughter Charge Dismissed After Jury Deadlock

During the trial of Daniel Penny, a former Marine facing accusations of causing the death of a homeless man on a New York City subway through a chokehold, the presiding judge has dismissed a second-degree manslaughter charge. This dismissal occurred because the jurors were unable to reach a unanimous verdict. The New York jurors are now left to deliberate on a single, less severe charge of criminally negligent homicide. The 12 jurors, on their fourth day of deliberations, submitted two communications indicating they were “unable to come to a unanimous vote” regarding the initial charge, a requirement for a conviction. The judge instructed them to resume deliberations, but their disagreement persisted, leading prosecutors to request the dismissal of the manslaughter charge. Mr Penny had been indicted on two charges stemming from the death of 30-year-old Jordan Neely on a subway in May 2023. According to prosecutors, Mr Penny maintained a fatal chokehold on Mr Neely for six minutes after subduing him on the subway. Conversely, Mr Penny’s legal team asserts that he acted to safeguard other passengers on the train, following Mr Neely’s actions of soliciting money and shouting about his hunger and desire to return to jail. Mr Neely’s demise ignited ongoing demonstrations throughout the city. At times, the courtroom on the 13th floor could hear the chants of protestors advocating for Mr Neely. Upon receiving the initial communication from the 12 New York jurors, Judge Maxwell Wiley commented that the extended deliberation period was understandable given the case’s nature. He stated, “That’s a long time, but given the factual complexity of the case, I don’t think it’s too long,” before directing them to continue their discussions. Following a second note from the jurors confirming their continued impasse, the primary charge of manslaughter was dismissed, and the judge once more instructed them to deliberate. He remarked, “You are now free to consider count two. Whether that makes any difference or not, I have no idea.” The jury is scheduled to reconvene next week to resume its deliberations. The potential maximum sentence for the manslaughter charge was 15 years, whereas the negligent homicide charge carries a maximum of four years. The month-long trial involving Mr Penny presented extensive evidence. This included bystander videos depicting the chokehold incident, recordings of 911 calls, and footage from police body cameras, in addition to testimonies from witnesses and individuals acquainted with Mr Penny’s history. Family members of Mr Neely were present in the courtroom, observing as the video of the subway incident was repeatedly shown. Furthermore, Mr Neely’s father initiated a civil lawsuit against Mr Penny. Mr Neely was recognized across the city as a Michael Jackson impersonator, noted for his performances in Times Square. Mr Neely had been arrested numerous times previously for offenses including fare evasion, theft, and assaults against three women. According to his family, Mr Neely’s mental health challenges originated over 15 years prior, following the strangulation of his mother by her boyfriend.