New York, NY — Deliberations are set to begin next week among jurors in New York City to decide if Daniel Penny, a Marine veteran, should be convicted of criminally negligent homicide following a subway incident where he choked Jordan Neely, leading to his death. Previously, the jurors were unable to achieve a consensus on the more severe accusation of manslaughter, leading to a judge’s decision to prioritize the lesser charge.
The shift in focus to the second charge was ordered by Judge Maxwell Wiley after the deadlock, and he advised the jurors to redirect their upcoming deliberations. This case centers around an event in May 2023, when Penny restrained Neely, who was exhibiting erratic behavior in a subway car, with a chokehold lasting approximately six minutes.
During the trial, which spanned over a month, conflicting portraits were painted by the prosecution and defense. While the defense argued Penny acted to ensure the safety of fellow passengers against Neely, who was described as a mentally disturbed, unarmed individual, the prosecution contended that Penny’s actions were excessive.
The incident has sparked widespread conversation, resonating with ongoing debates about homelessness and safety on New York City’s mass transit systems, used daily by millions. The case seems to encapsulate broader social concerns, reflecting the city’s grappling with these complex issues.
Jurors initially were instructed to reach a decision on manslaughter – defined as recklessly causing another’s death with a possible 15-year sentence – before considering the alternate negligent homicide charge. This latter charge, implying engagement in risk-contributing conduct without foreseeing the deadly consequences, carries a lighter sentence ranging from probation up to four years.
Testimonies were presented during the trial from witnesses of the deadly encounter and training personnel who previously instructed Penny in the use of chokeholds. Although Penny did not testify, his character was endorsed through testimonies from friends and relatives.
Further complicating the narrative, Neely, 30 at his death, was known both as a Michael Jackson impersonator in the subway and as someone struggling with psychiatric and substance issues. In a recent development, Neely’s father, Andre Zachary, has launched a lawsuit against Penny alleging negligence, assault, and battery, which Penny’s attorney, Steven Raiser, has criticized as strategically timed to influence the ongoing jury deliberations.
This ongoing legal battle not only highlights the individual stories of Penny and Neely but also stirs a broader dialogue about the intersections of mental health, public safety, and justice, leaving a community and its observers nationwide waiting for resolution.
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