In New York, a judge has dismissed the second-degree manslaughter charge against Daniel Penny, who is facing trial for the death of Jordan Neely. This decision comes after the jury informed the court twice that they could not reach a unanimous conclusion regarding the manslaughter charge.
With the dismissal, the jury now turns its attention to the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years in prison. Initially, if convicted of manslaughter, Penny could have faced up to 15 years behind bars, but that option is now removed.
On Friday morning, the jury communicated their inability to reach a consensus on the manslaughter charge, prompting the judge to ask them to continue deliberating. By the afternoon, the jury reiterated their stalemate, leading the defense to request a mistrial. However, the judge decided to dismiss the manslaughter charge, paving the way for consideration of criminally negligent homicide.
Penny, who is 26 years old and a Marine veteran, is accused of causing Neely’s death through a chokehold on a subway last year. He has pleaded not guilty to both charges. During the initial phase of deliberation, jurors requested to see and hear various pieces of evidence, including cell phone and police bodycam footage, as well as parts of the legal instructions regarding “recklessness” and “negligence.”
Prosecutors maintain that while Penny may have intended to do good by restraining Neely, he maintained the chokehold for too long. Conversely, Penny’s defense argues that he did not apply pressure during the hold and that Neely’s death resulted from a mixture of factors, including drug use and health issues.
The jury has now been sent home and will resume their deliberations on Monday, marking the fifth day of discussions in this high-profile case.
This case underscores the complexities of legal interpretations in incidents involving lethal force and raises important discussions about public safety and mental health support in urban environments. Many hope for a resolution that encourages dialogue around these critical issues while delivering justice for all parties involved.