A Manhattan judge has dropped the manslaughter charge against Daniel Penny, the ex-Marine accused in the chokehold death of Jordan Neely on a New York City subway. The decision came after three days of jury deliberations failed to produce a verdict on the manslaughter charge, which carried a maximum penalty of 15 years in prison.
Penny still faces a lesser charge of criminally negligent homicide, which carries a maximum penalty of four years in prison under New York law. The ruling to drop the manslaughter charge followed a motion by the Manhattan District Attorney’s Office after jurors informed Judge Maxwell Wiley they were deadlocked on the more severe charge.
The decision drew objections from Penny’s defense team, who argued for a mistrial, but Judge Wiley ultimately granted the prosecution’s motion and instructed the jury to reconvene and focus solely on the criminally negligent homicide charge.
The case stems from a May 1, 2023 incident when Penny placed Jordan Neely in a chokehold on a Manhattan subway train. Neely, a 30-year-old man known for his Michael Jackson impersonations and history of mental health struggles, was reportedly acting erratically and allegedly threatening passengers.
Prosecutors allege that Penny, 24, used excessive force and held Neely in the chokehold for too long, leading to his death. Penny’s defense maintains he acted to protect himself and others on the train.
This controversial case has drawn national attention, highlighting issues of public safety, mental health, and race. Neely, who was Black, had a history of homelessness and mental illness, while Penny, who is white, has claimed his actions were not racially motivated but aimed at protecting subway passengers.
The jury is expected to resume deliberations on the criminally negligent homicide charge. A conviction could lead to a prison sentence for Penny, but the reduced charges reflect a significant shift in the case’s potential outcome.
