NEW YORK – In a significant development in the ongoing trial of Daniel Penny, Judge Maxwell Wiley has dismissed the manslaughter charge after jurors reported being deadlocked. The jury, which had been deliberating since Tuesday, could not reach a unanimous decision on whether Penny’s actions constituted manslaughter. Instead, they will now focus solely on the less severe charge of criminally negligent homicide in the death of Jordan Neely, a homeless man, who died following a confrontation on a New York City subway last year.
Penny, a former U.S. Marine, was accused of placing Neely in a chokehold for approximately six minutes during the incident in May 2023. Neely, who was reportedly shouting and soliciting money from passengers, subsequently passed away as a result of the altercation. The defense argued that Penny was acting in self-defense and trying to protect other passengers from what they described as a threatening and unstable individual.
Manslaughter, the original charge, would have required the prosecution to prove that Penny recklessly caused Neely’s death. This charge carries a potential sentence of up to 15 years. However, the focus has now shifted to criminally negligent homicide, which involves actions that are considered seriously blameworthy and that show a failure to perceive a risk to life. This charge carries a lighter potential sentence, ranging from probation to a maximum of four years in prison.
The case has garnered significant attention due to its implications on how self-defense is perceived in volatile situations, particularly involving individuals with mental illnesses in public settings. The prosecution has portrayed Penny’s response as excessively violent, arguing that Neely was more of a nuisance than a threat.
On Friday, Judge Wiley, addressing the jury, acknowledged their diligent efforts and the common challenges that arise in reaching a unanimous verdict in such complex cases. He instructed them to reconvene on Monday to continue their discussions focused on the charge of criminally negligent homicide.
Adding to the trial’s drama, a juror allegedly expressed their frustrations to a reporter, an action that raised concerns about external influences on the jury’s deliberations. Defense attorney Thomas Kenniff criticized the potential breach of confidentiality, labeling the news as possibly misleading but troubling nonetheless. In response, Judge Wiley suggested that the defense could investigate the matter but expressed his reluctance to directly address the jury about this issue at this late stage of the trial.
As the trial progresses, the community and the nation watch closely, given the broader social and legal questions the case has raised about interactions between civilians and individuals exhibiting erratic behavior in public spaces.
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