Judge Maxwell Wiley has officially dismissed the second-degree manslaughter charge against Daniel Penny, following a request from prosecutors amid reports of jurors being deadlocked. The judge will now focus the jury’s attention on determining whether Penny is guilty of the lesser charge of criminally negligent homicide in connection with the death of Jordan Neely, a homeless man, on a New York City subway last year.
The decision came after the jury communicated its inability to reach a unanimous verdict on the manslaughter charge. Prosecutors and the judge hope that the jury will continue their deliberations, hoping for a resolution on the lower charge.
Penny, a 25-year-old former Marine, put Neely in a chokehold for approximately six minutes after Neely boarded the subway acting erratically. Witnesses described Neely’s behavior as erratic, with Penny’s legal team asserting that Neely posed a threat during the encounter. A medical examiner ultimately determined that Penny’s chokehold contributed to Neely’s death.
Initially facing both manslaughter and negligent homicide charges, Penny has pleaded not guilty to both. The jury has submitted two notes indicating their struggle to agree on the second-degree manslaughter charge.
As a response, Judge Wiley provided the jury with an Allen charge, which encourages continued deliberation in the case of a deadlocked jury. Wiley also noted that it was premature to declare a mistrial at this stage.
The deliberations have significant legal implications, as the jury is required to address the manslaughter charge before considering the lesser negligent homicide charge. The prosecution’s approach emphasized that reaching a hung jury without progressing to the second charge would be a missed opportunity.
In a previous high-profile case referenced by Wiley, the legal concept of “reasonableness” was discussed, drawing parallels to past trials that sparked national dialogues about self-defense and race. This context underscores the complexities involved in reaching a fair and just verdict.
As the deliberations continue, it remains hopeful that the jury can come to a consensus that reflects the facts of the case while addressing broader societal implications.
Summary: Judge Wiley dismissed the second-degree manslaughter charge against Daniel Penny as jurors remained deadlocked. The jury will now deliberate on the lesser charge of criminally negligent homicide. Penny, who claims he acted in self-defense, is facing scrutiny amid discussions on “reasonableness” and the legal standards surrounding self-defense cases. The hope is that the jury can reach a fair conclusion.