The judge presiding over the trial of Daniel Penny, who is accused of fatally choking Jordan Neely on a New York City subway, dismissed the manslaughter charge after jurors reported being deadlocked. This ruling was made on Friday, prompted by the request of the prosecution, allowing the jury to focus solely on the lesser charge of criminally negligent homicide, which carries a maximum four-year sentence. Penny has pleaded not guilty.
During the proceedings, Judge Maxwell Wiley informed the jurors, consisting of seven women and five men, that they were now free to deliberate on the second count. The jurors had previously sent two notes to the judge indicating their inability to reach a unanimous decision on the manslaughter charge despite being given an Allen charge to encourage further discussion among them.
Before the jury began its deliberations on Tuesday, Wiley explained that they needed to unanimously agree on the manslaughter charge before considering the lesser charge. Jurors were tasked with determining whether Penny’s actions directly caused Neely’s death and if they were reckless and unjustified.
The incident unfolded on May 1, 2023, when Penny, a former Marine and architecture student, encountered Neely, who had exhibited erratic behavior on the subway train. Witnesses reported that Neely, a former Michael Jackson impersonator, expressed distress regarding his circumstances. Video evidence indicated that Penny placed Neely in a chokehold that lasted approximately six minutes, continuing even after the train had arrived at the station. Neely, who was 30 years old at the time of his death, was homeless and had a history of mental illness, with synthetic marijuana found in his system.
This case has sparked broader discussions around issues of racial justice, safety in the city’s subway system, and the challenges of addressing homelessness and mental illness, which Neely had faced. Penny’s defense maintains that his actions were a reasonable response to protect fellow passengers.
In a prior statement, the city medical examiner concluded that Neely’s death was due to compression of the neck from the chokehold, a finding that Penny’s legal team counters.
Penny’s attorney expressed concerns over the jury’s deliberation process, suggesting that the dismissal of the manslaughter charge could pressure jurors into a quick consensus. However, the prosecution argued that the situation called for a resolution rather than a hung jury.
Throughout their deliberation, jurors engaged actively with the evidence, requesting to review videos and the medical examiner’s testimony, demonstrating their commitment to a thorough examination of the case.
As the jury prepares for further deliberations on Monday, Judge Wiley urged them to carefully evaluate their decision-making process, highlighting the importance of arriving at a just verdict without compromising their individual judgments.
Summary: The judge overseeing Daniel Penny’s trial, accused of using a chokehold that led to Jordan Neely’s death, dismissed the manslaughter charge after jurors indicated they could not reach a unanimous verdict. The jury will now consider the lesser charge of criminally negligent homicide, with further deliberations resuming on Monday. The case has ignited discussions around racial justice and mental health, highlighting the complexities of the situation.
This trial continues to reflect significant societal issues, reminding us of the need for ongoing dialogue and action towards justice and better mental health care systems.