The judge presiding over the trial of Daniel Penny, charged with causing the death of Jordan Neely through a chokehold on a New York City subway last year, has dismissed the manslaughter charge as jurors reported they were unable to reach a unanimous verdict. This decision, made at the prosecutors’ request, means that the jury will now deliberate solely on the lesser charge of criminally negligent homicide, which carries a maximum penalty of four years.
The jury, consisting of seven women and five men, will continue their deliberations on Monday after indicating twice that they could not agree on the manslaughter charge. Judge Maxwell Wiley explained the situation to the jurors, telling them, “You are now free to consider count two,” without divulging the request made by the prosecution. Penny, a former Marine, maintains his not guilty plea.
During the initial deliberations, the jury expressed their struggle with reaching a unanimous decision regarding manslaughter. They were reminded by the judge to keep an open mind and strive for consensus. This episode followed a confrontation on May 1, 2023, when Penny intervened against Neely, who had exhibited erratic behavior on the subway. The incident drew attention to broader issues regarding racial justice, public safety, and the treatment of homelessness and mental health in cities.
Penny’s defense argues that his actions were meant to protect bystanders and that he did not intend to cause harm. Meanwhile, the prosecution contends that Neely’s death resulted from the chokehold, as certified by a city medical examiner.
Throughout the deliberations, the jury has sought to review additional evidence, including video footage of the event and testimony from experts. Judge Wiley has noted the jury’s conscientious approach, affirming that such deliberations can take time and are not uncommon, while also encouraging them to strive for a fair resolution to the case.
As the trial progresses, there remains a crucial desire for justice and clarity surrounding the circumstances of this tragic incident. The decision to focus on the lesser charge may pave the way toward a resolution, emphasizing the legal system’s ongoing efforts to address complex situations involving public safety and mental health. It is hopeful that whatever the outcome, it may prompt necessary dialogue and steps forward in addressing the roots of such incidents in society.