Judge dismisses top charge in Daniel Penny trial
The judge overseeing the trial of a man accused of using a deadly chokehold on an unruly subway passenger has dismissed the top charge in the case at the request of prosecutors, allowing the jury to consider a lesser count after the panel indicated it was deadlocked on whether Daniel Penny was guilty of manslaughter.
NEW YORK – After a highly contested day of deliberations, the judge in the Daniel Penny trial dismissed the second-degree manslaughter charge that had deadlocked the jury.
While it remains unclear how this decision will affect deliberations, the judge emphasized that they should focus on the second charge moving forward.
MORE: Daniel Penny criminally negligent homicide charge explained
This charge will ultimately determine whether Penny is guilty of criminally negligent homicide in the subway chokehold death of Jordan Neely.
Penny’s lawyers say he was protecting himself and other subway riders from a volatile, mentally ill man who was making alarming remarks and gestures. Prosecutors say Penny reacted far too forcefully to someone he perceived as a peril, not a person. They are ultimately moving towards a mistrial.
With deliberations stalled, the case may result in a mistrial if the jury cannot reach a verdict on the remaining charge.
NEW YORK, NEW YORK – DECEMBER 5: Daniel Penny arrives at the Manhattan Criminal Court as jurors continue deliberation on December 5, 2024 in New York City. Daniel Penny has faced a month-long trial in a Manhattan courtroom after pleading not guilty t
Earlier in the day on Friday, the jury told the judge they couldn’t reach a unanimous verdict on the first charge of second-degree manslaughter, prompting the judge to issue an Allen charge urging them to make every effort to agree.
The judge reiterated the responsibility of the jurors to reach a decision, explaining that “deliberations were not intended to be easy,” but that they should “harmonize” their views and reach a decision.
The defense has emphasized that the jury cannot deliberate on the second charge without resolving the first, as Penny cannot be convicted of both.
“It would be a crazy result to have a hung jury because they can’t move onto the second count,” prosecutor Dafna Yoran was heard telling the judge.
What is an Allen charge?
What is the Allen charge? Daniel Penny jury analysis
The jury in the subway chokehold death trial against Daniel Penny is deadlocked on one count, and the judge has issued an Allen charge. Imran H. Ansari, a former prosecutor with the Brooklyn Assistant District Attorney’s Office, explains what this means and what comes next.
An Allen charge is a court instruction given to a deadlocked jury to encourage them to reach a unanimous verdict. It is unclear how the jury will respond.
As deliberations stalled, both Penny and his legal team left the courtroom while the judge decides on the next steps.
What charges does Penny face?
Daniel Penny charges
After the dismissal of the second-degree manslaughter charge, Penny now faces only a criminally negligent homicide charge.
- (Dismissed charge) Manslaughter requires proving that a defendant recklessly caused another person’s death. The standard entails, among other things, consciously disregarding a substantial and unjustifiable risk that an action will be deadly.
- Criminally negligent homicide, on the other hand, involves engaging in serious “blameworthy conduct” while not perceiving such a risk.
What happens if Penny is found guilty?
If the jury finds Penny guilty, the 26-year-old former Marine, faces a maximum prison sentence of four years, far less than the 15 years tied to the dismissed manslaughter charge. If convicted, the judge could also opt for a sentence that includes no prison time at all. This means he could face only probation or a fine.
What happens if Daniel Penny is found guilty?
The trial of Marine veteran Daniel Penny in the chokehold death of homeless man Jordan Neely on an F train last year has deeply divided New Yorkers about vigilante justice and NYC subway safety.
What happened on May 1, 2023?
On May 1, 2023, Penny had left class and boarded an uptown F train in Manhattan to head to the gym. Jordan Neely was on board the train, and witnesses said he was shouting about needing food and something to drink before whipping his jacket to the floor and starting to scream. They differed in descriptions of his movements and whether they were threatening.
Subway chokehold: Jordan Neely’s family speaks out
The family or Jordan Neely is speaking out, saying former marine Daniel Penny ‘needs to be in prison’ for his role in Neely’s death on the NYC subway last week. Meanwhile, the NYPD is looking for protesters who they say endangered themselves and others by demonstration on teh subway tracks. It will be up to a grand jury to decide if Penny committed a crime or not.
Penny stepped in and approached Neely from behind. With the help of two other passengers, Penny pinned Neely to the ground and placed him in a chokehold until Neely’s body went limp and he lost consciousness. The medical examiner’s office ruled the death a homicide caused by compression of the neck.
The train stopped at the Broadway-Lafayette Street station in Manhattan, allowing passengers to get off, but Penny did not let go.
In this image from body camera video provided by New York City Police Department, emergency medical personnel in a New York City subway car attempt to revive Jordan Neely after he was placed in a chokehold by Daniel Penny on May 5, 2023. (New York Ci
Prosecutors and the defense both agree that Penny had the right to step in, but prosecutors argue that Penny used too much force on an unarmed man.
What do prosecutors say?
Prosecutor Dafna Yoran told jurors at the start of summations Monday that Daniel Penny used too much force for too long on Neely, holding him a chokehold for nearly six minutes. Prosecutors argued that he could have released Neely after passengers stepped off the train at the station, once he was no longer a threat to others.
What did the defense say?
Defense lawyer Steven Raiser says Penny acted to save subway riders from threatening behavior. They argued that Penny held onto Neely until police arrived so they could take him into custody. They also claim that the chokehold was not what killed Penny, instead arguing that schizophrenia, synthetic marijuana use and sickle cell trait led to his death.
Defense rests in Daniel Penny trial without his testimony
The defense in Daniel Penny’s manslaughter trial has rested its case without Penny taking the stand. FOX 5’s Linda Schmidt has the story.
Who is Daniel Penny?
Daniel Penny is a U.S. Marine Corps veteran from West Islip, Long Island. He served in the Marines for four years and was discharged in 2021. At the time of Neely’s death, Penny was studying architecture.
Who was Jordan Neely?
Jordan Neely is pictured before going to see the Michael Jackson movie, “This is It,” outside the Regal Cinemas in Times Square in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)
Jordan Neely, 30, once was among the city’s corps of subway and street performers and was known for his Michael Jackson impersonations. But after his mother was violently killed when he was a teenager, Neely was diagnosed with depression and schizophrenia, was repeatedly hospitalized, struggled with drug abuse and had a criminal record that included assault convictions.
What happened during the trial?
During the monthlong trial, the jury heard testimony from subway passengers who witnessed Penny’s roughly six-minute restraint of Neely, as well as police who responded to it, pathologists, a psychiatric expert, a Marine Corps instructor who taught Penny chokehold techniques and Penny’s relatives, friends and fellow Marines. Penny chose not to testify.
Jurors watched videos recorded by bystanders and by police body cameras and saw how Penny explained his actions to officers on the scene and later in a stationhouse interview room.
NEW YORK, NEW YORK – DECEMBER 03: Daniel Penny exits the courtroom for a break during his trial at Manhattan Criminal Court on December 03, 2024 in New York City. Closing arguments have ended and the jury is expected to deliberate in the trial of Pen
Timeline
May 1, 2023: Daniel Penny places Jordan Neely in a fatal chokehold.
May 10, 2023: New York City Mayor Eric Adams said that the death of Jordan Neely at the hands of a fellow subway rider was “a tragedy that never should have happened” and pledged to do more to help people experiencing mental health crises.
May 11, 2023: Penny turns himself in to the Manhattan District attorney’s office.
May 20, 2023: Republican presidential hopefuls line up to support Penny.
June 15, 2023: A grand jury indicted Penny.
June 28, 2023: Penny pleaded not guilty to second-degree manslaughter and criminally negligent homicide during his arraignment.
Jan. 17, 2024: A judge declined to dismiss the case against Penny.
Oct 21, 2024: Jury selection begins.
Nov 1, 2024: Jurors have heard opening statements in the trial.
Dec. 2, 2024: Closing arguments begin.
