Prosecutors in the trial of Daniel Penny, charged in the chokehold death of Jordan Neely on a New York City subway in May 2023, moved on Friday to dismiss the more serious charge of second-degree manslaughter. This followed a Manhattan jury’s announcement that they were deadlocked after two rounds of deliberation.
Penny, a 26-year-old former Marine, faces two charges: second-degree manslaughter and the lesser charge of criminally negligent homicide. He cannot be convicted of both. Jurors can only consider the lesser charge if they acquit him of manslaughter.
After over 20 hours of deliberations spread across four days, the jury informed Judge Maxwell Wiley they were unable to reach a unanimous decision on the manslaughter charge.
Prosecutors signaled their willingness to allow the jury to move on to the lesser charge. However, Penny’s defense attorneys maintained their motion for a mistrial, arguing the panel was irreparably deadlocked.
“The jury has deliberated for 20 hours in a factually straightforward case. A mistrial is warranted,” said defense attorney Thomas Kenniff.
Despite the defense’s objections, Judge Wiley instructed jurors to continue deliberations, advising them to remain flexible and open to different perspectives.
Wiley emphasized that determining what constitutes a “reasonable person” in the context of the case was up to the jury’s judgment.
The charges stem from an altercation on May 1, 2023, when Neely, a 30-year-old street artist grappling with homelessness and mental illness, boarded a subway car and began acting erratically, making threats and shouting at passengers. Witnesses testified that Neely said he was hungry, thirsty, and indifferent to whether he lived or died.
Penny placed Neely in a chokehold to restrain him, holding him for several minutes with the help of other passengers. Neely became unresponsive and was later pronounced dead. A bystander’s video of the incident, Penny’s interview with police, and Neely’s autopsy findings were central to the trial.
Penny told investigators he was attempting to protect other passengers, stating, “I wasn’t trying to injure him. I just didn’t want anyone to get hurt.”
Prosecutors argued that Penny acted recklessly by maintaining the chokehold even after Neely stopped moving. “He used way too much force for way too long,” said lead prosecutor Dafna Yoran during closing arguments.
The defense countered that Penny’s actions were justified in the face of a perceived threat. “Penny acted when others couldn’t, protecting riders from potential harm,” defense attorney Steven Raiser stated, also challenging the medical examiner’s conclusion that Neely’s death was solely caused by the chokehold.
The case has sparked debates about public safety, mental health, and race relations in New York City. Neely’s death has been added to the list of names invoked by Black Lives Matter activists, while others have commended Penny for taking action to protect subway passengers.
The jury’s deliberations continue, with a verdict or mistrial decision expected soon. Separately, Neely’s father has filed a civil lawsuit accusing Penny of assault and negligence in his son’s death.