A judge presiding over the trial of Daniel Penny, who is accused of causing the death of Jordan Neely through a chokehold on a New York City subway, dismissed a manslaughter charge on Friday after the jury reported being deadlocked on the matter. This dismissal, requested by prosecutors, allows the jury to consider only the lesser charge of criminally negligent homicide, which carries a maximum penalty of four years. Penny has pleaded not guilty.
Judge Maxwell Wiley informed the jurors that they are free to deliberate on the lesser charge, emphasizing uncertainty about whether this change would affect their decision-making. The jury, consisting of seven women and five men, is set to reconvene on Monday to continue deliberations.
During the proceedings, the jurors sent notes indicating they struggled to reach a unanimous verdict on the manslaughter charge. The judge had earlier issued an Allen charge, encouraging them to deliberate with an open mind. Before jury deliberations began, they received instructions stating that a unanimous decision on the manslaughter charge was necessary before considering the lesser charge of criminally negligent homicide.
The incident in question occurred on May 1, 2023, when Penny, a former Marine and architecture student, encountered Neely, a homeless individual exhibiting erratic behavior on the subway. Witnesses testified that Neely had expressed feelings of distress and desperation just before Penny restrained him in a chokehold for approximately six minutes. Neely’s death was attributed to compression of the neck, a finding disputed by Penny’s defense.
The trial has sparked significant public discourse regarding racial justice, subway safety, and the treatment of mental illness and homelessness in the city. Penny maintains that his actions were intended to protect fellow passengers rather than to harm Neely.
In a notable exchange, Penny’s attorneys expressed concern about the pressure on the jurors to reach a decision, while the prosecution argued for the importance of allowing the jury to deliberate thoroughly.
As the jury resumes deliberations, they have shown diligence by requesting to review various pieces of evidence, including bystander videos and police testimonies. Judge Wiley has acknowledged their efforts, remarking on the conscientiousness of the jurors and urging them to strive for a just verdict.
This case highlights the complexities of navigating personal safety, mental health issues, and societal responsibilities. No matter the outcome, it serves to remind us of the need for compassion and understanding in addressing the struggles faced by individuals like Neely in urban environments.
In terms of a hopeful perspective, this trial may catalyze discussions on improving policies related to mental health support and homeless assistance, fostering more constructive approaches within communities.
Summary: A judge dismissed the manslaughter charge against Daniel Penny, allowing the jury to focus on a lesser charge of criminally negligent homicide, which could lead to a maximum sentence of four years. The trial highlights significant issues surrounding public safety, mental health, and homelessness, prompting broader societal conversations. Jurors have been diligent in their deliberations, showcasing their commitment to arriving at a just verdict.