New York, NY — A New York City jury deliberating the fate of Daniel Penny, a 26-year-old Marine veteran accused in the chokehold death of Jordan Neely, informed the presiding Judge Maxwell Wiley on Friday that they are deadlocked on deciding the top manslaughter charge. The jury’s struggle to reach a unanimous verdict places the trial at a critical juncture, with potential implications for the city’s broader discussions on justice and public safety.
In the incident that occurred on May 1, 2023, Penny is alleged to have restrained Neely, a homeless man known for performing in subway stations, with a fatal chokehold that lasted approximately six minutes. The case hinges on two serious charges: manslaughter, which could lead to a maximum of 15 years in prison, and criminally negligent homicide, punishable by probation up to four years.
The distinction between the charges is marked by the level of perceived recklessness and risk. Manslaughter requires proof that Penny recklessly caused Neely’s death, while criminally negligent homicide involves a serious lapse in judgment without recognizing the fatal risks.
As the jury reconvenes, Judge Wiley is contemplating issuing an Allen charge, a legal directive aimed at encouraging jurors to continue deliberations and reach a verdict. The court demands that a verdict on the first count be reached before any consideration is given to secondary charges.
The month-long trial has featured various testimonies ranging from police officers, pathologists, and a Marine Corps instructor who discussed chokehold techniques. The defense argues that Penny was acting in self-defense, protecting himself and other passengers from Neely, whom they described as unstable and threatening. Conversely, prosecutors portray Penny’s actions as an excessive response to a perceived threat rather than an actual danger.
Further complicating the trial is Neely’s personal history, marked by tragedy and struggles with mental health and homelessness. His tragic backstory and the racial dynamics — Penny is white and Neely was Black — have ignited heated discussions outside the courtroom, drawing attention from activists and politicians.
Demonstrations outside the courthouse reflect the deep divides over the case, paralleling national debates over race, crime, and public safety. The case has drawn political figures into the discussion, with some Republicans lauding Penny as a hero, while prominent Democrats attended Neely’s funeral, emphasizing the case’s impact on communal and racial relations.
As the city watches, the outcome of this trial could have lasting implications not only for Penny and the memory of Jordan Neely but also for the broader conversations about justice and safety in America’s urban centers.
For further developments, updates will continue to cover this significant trial, revealing the judiciary’s role in addressing complex social issues through the lens of individual criminal cases.
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