The trial of Daniel Penny, who is facing charges related to the chokehold death of Jordan Neely on a New York City subway, saw a significant development as the judge dismissed the manslaughter charge on Friday due to jurors being deadlocked. Following prosecutors’ request, the jury will now focus solely on the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years. Penny has maintained a not guilty plea throughout the proceedings.
Judge Maxwell Wiley informed the anonymous jury, which consists of seven women and five men, that they were now free to deliberate on the second count. This came after the jurors expressed their inability to reach a unanimous decision on the more serious manslaughter charge. Twice on Friday, the jury communicated with the judge, indicating their struggle to agree on the top charge.
Before deliberations initiated, the judge instructed the jury to reach a unanimous verdict on the manslaughter count before considering the lesser charge. The case centers around an incident that occurred on May 1, 2023, when Penny, a former Marine and architecture student, intervened against Neely, a homeless man with a history of mental illness, who displayed erratic behavior on the subway. Witnesses testified that Neely had been expressing despair while Penny put him in a chokehold that prosecutors state lasted six minutes.
This case has sparked significant discussions regarding racial justice, public safety, and issues surrounding homelessness and mental health, areas in which Neely had faced challenges. Penny contends that his actions were intended to protect other riders and that he did not mean to harm Neely but rather sought to restrain him until law enforcement arrived. A medical examiner ruled that Neely died from neck compression as a result of the chokehold, a finding that Penny’s legal team disputes.
Defense attorney Thomas Kenniff has raised concerns about the inability of the jury to reach an agreement on the manslaughter charge and has requested a mistrial. He argued that the judge’s instruction to continue deliberating could unduly pressure the jurors. Conversely, assistant prosecutor Dafna Yoran asserted that the jury’s struggle to reach a verdict was not unexpected and highlighted the importance of considering the lesser charge.
The jurors have been particularly active during their deliberations, sending numerous notes to the judge requesting to review video evidence and clarifying legal terms regarding recklessness and criminal negligence. Judge Wiley recognized the conscientious approach of the jury, believing that they are approaching the case methodically and that a mistrial was premature at this point.
As deliberations resume on Monday, the jury’s commitment to arriving at a fair verdict reflects their dedication amidst the complexities of the case. While the outcome remains uncertain, this incident serves as an opportunity for a broader dialogue on critical social issues that affect many within the community.
This situation exemplifies the ongoing need to confront societal challenges, such as mental health and homelessness, while also underscoring the importance of ensuring that justice is served fairly and thoughtfully. The jury’s conscientious efforts may pave the way for greater understanding and progress within these pressing issues.