A judge on Friday dismissed the most serious charge against Daniel Penny, a former U.S. Marine on trial for the death of Jordan Neely, a homeless man killed in a New York City subway car. The decision came after jurors announced they were deadlocked on the manslaughter in the second-degree charge during their third day of deliberations.
Jury to Consider Lesser Charge
With the manslaughter charge dismissed, jurors are now focusing on a lesser charge of criminally negligent homicide. After dismissing the top count, the judge excused the jury for the day. Deliberations are set to resume Monday.
Penny, 26, displayed no visible reaction to the decision. Neely’s family, however, remained somber, with his father bowing his head during the proceedings.
Subway Encounter Turns Deadly
The case stems from a May 1, 2023, incident on an uptown subway train, where Penny restrained Neely, 30, using a chokehold. Neely, who struggled with mental health issues, had been shouting that he was hungry, thirsty, and ready to return to jail.
Prosecutors argued Penny’s actions were unjustified, alleging that he continued applying pressure for nearly six minutes after the train stopped and passengers exited. Assistant District Attorney Dafna Yoran told jurors that Penny ignored warnings from bystanders about Neely’s life being at risk.
“He didn’t recognize that Mr. Neely, too, was a person,” Yoran said.
Defense Claims Self-Defense
Penny’s defense team painted a different picture, asserting that the former Marine acted to protect other passengers, including a woman and child, from Neely, who they claimed posed a threat.
Defense attorney Steven Raiser argued that Penny did not apply lethal pressure during the final moments of the restraint and suggested alternative causes for Neely’s death, including a possible drug overdose or a sickle cell crisis.
“This was not a chokehold death,” Raiser said. “He was controlling Mr. Neely’s body, not choking him.”
