The trial of Daniel Penny, accused of causing Jordan Neely's death with a subway chokehold in May 2023, saw a pivotal shift Friday as the judge dismissed the manslaughter charge due to a deadlocked jury. At prosecutors' request, jurors now focus solely on the lesser charge of criminally negligent homicide, carrying a maximum sentence of four years. Penny has pleaded not guilty.
Jurors—seven women and five men—sent notes twice on Friday indicating they could not unanimously agree on the manslaughter charge. Judge Maxwell Wiley initially urged continued deliberations, emphasizing that difficulty in reaching a verdict is common. "You've been at this for a little over two and a half days," Wiley told jurors, adding, "Given the factual complexity of the case, I don't think it's too long."
Penny, a 26-year-old former Marine, encountered Neely, a homeless man known for his mental health struggles, during a subway ride. Witnesses testified that Neely, 30, was agitated, loudly expressing despair about his life. Penny restrained him in a chokehold for six minutes, with video showing the hold continuing even after the train stopped. The medical examiner ruled Neely's death as compression to the neck, a conclusion Penny's defense attorneys, Thomas Kenniff and Steven Rasier, dispute.
Outside the jury's presence, Kenniff objected to the dismissal of the manslaughter charge, describing it as coercive. "This is essentially elbowing the jury…to reach a compromised verdict," he argued. He also questioned the use of an Allen charge, which encourages a deadlocked jury to continue deliberations, calling it potentially coercive.
Prosecutor Dafna Yoran contended that jurors' notes reflected a conscientious approach, including requests to rewatch videos of the incident and rehear key testimony. "The tenor of the notes is that this is an extremely conscientious jury," Wiley acknowledged.
Before dismissing the manslaughter charge, Wiley advised jurors, "I will again urge each of you to make every possible effort to arrive at a just verdict." The jury resumes deliberations Monday.
Link: NBC News
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