A Manhattan jury has failed to reach a unanimous decision regarding the second-degree manslaughter charge against Daniel Penny, a Marine veteran involved in the chokehold death of Jordan Neely, a homeless individual on the subway. As a result, Judge Maxwell Wiley has dismissed the top charge at the request of prosecutors and will allow the jury to deliberate on the lesser charge of criminally negligent homicide when they reconvene on Monday.
Defense attorney Thomas Kenniff opposed the dismissal, expressing concerns that it could lead to a coerced verdict and reiterated his request for a mistrial. The jury, consisting of seven women and five men, reported their struggle to reach a consensus on the key charge, prompting the judge’s intervention to continue deliberations.
During the trial, it was emphasized that for the jury to convict Penny of manslaughter, they must determine whether he acted recklessly, deviating greatly from how a reasonable person would have behaved under similar circumstances. The judge had previously urged the jurors to keep deliberating, and they had sought clarification about the concept of a “reasonable person” in relation to their instructions.
The situation has raised questions about the legal process, including whether the jury can consider the second count of criminally negligent homicide if they are deadlocked on the manslaughter charge. The penalties for criminally negligent homicide range from probation to four years in prison, while the manslaughter charge could lead to a sentence of up to 15 years.
As the deliberations continue, many are hopeful that a resolution will be reached, emphasizing the importance of a fair and thorough legal process that ensures justice while balancing the complexities of each case. Regardless of the outcome, this trial highlights essential discussions around mental health and public safety in urban settings.
In summary, while the top charge against Daniel Penny has been dismissed, the trial will carry on as the jury considers the lesser charge, potentially leading to a more focused examination of the circumstances surrounding this tragic incident.