Manslaughter Charge Dropped Against Daniel Penny After Jury Deadlocks

Mar. 15, 2025

From left: Daniel Penny and Jordan Neely.Photo:Michael M. Santiago/Getty; Andrew Savulich/New York Daily News/Tribune News Service via Getty

Daniel Penny arrives for his trial at Manhattan Criminal Court on November 18, 2024 in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely by choking him during an altercation involving panhandling on a New York City subway car; Jordan Neely is pictured before going to see the Michael Jackson movie, ‘This is It’ outside the Regal Cinemas on 8th Ave. and 42nd St. in Times Square, New York, in 2009

Michael M. Santiago/Getty; Andrew Savulich/New York Daily News/Tribune News Service via Getty

Penny still faces charges of criminally negligent homicide in the May 2023 chokehold death of Jordan Neely. But on Friday, after three days of jury deliberations failed to render a verdict, the Manhattan District Attorney asked Judge Maxwell Wiley to drop the manslaughter charge Penny was facing, which could have landed him in jail for 15 years, theAssociated Press reported.

If convicted of criminally negligent homicide, a lesser charge than manslaughter, the maximum punishment would be four years in prison under New York penal codes.

The jury had informed Judge Wiley earlier on Friday that averdict couldn’t be reachedon the manslaughter charge. Over the objections of the defense, which is seeking a mistrial, the judge agreed to grant the DA’s motion,CNN reports.

AP reports the judge ordered the jury to go home for the day to consider the lesser charge.

Prosecutors contend Penny kept his arm around Neely’s neck for too long and with too much force; Penny’s lawyers say he was acting in defense, both for himself and the other passengers on the train, against Neely, who was allegedly threatening other riders.

source: people.com