The trial of Marine veteran Daniel Penny continues in New York City, with the jury set to begin deliberations on a lesser charge today after they could not reach a unanimous verdict on a more serious charge last week. Penny, accused of criminally negligent homicide in the death of a man he put in a chokehold on a subway train is now cleared of the top count of manslaughter, with Judge Maxwell Wiley directing discussions toward criminally negligent homicide—a charge that carries a lighter punishment, as reported by FOX 5 New York.
"Whether that makes any difference or not, I have no idea. But I’m going to direct you to focus your deliberations on count two," Judge Wiley instructed the jurors on Friday, before allowing them the weekend to reset ahead of further discussions, NBC New York details. The jury originally was told last Tuesday that they had to first resolve the manslaughter count before considering the lesser charge, however, on Friday they remained deadlocked on the former charge.
If convicted of criminally negligent homicide, Penny, 26, could face up to four years in prison, a significantly reduced potential sentence from the up to 15 years that accompany a manslaughter conviction. The defense highlighted that it, would be contradictory for the jury to be hung on the manslaughter charge and unable to then deliberate on the criminally negligent homicide charge. During the trial Penny's lawyers claimed he acted to protect other passengers from Jordan Neely, who was described as acting erratically and was unarmed at the time of the deadly encounter.
Neely, previously known as a Michael Jackson impersonator who had a history of psychiatric and drug problems, was put in a chokehold by Penny for about six minutes back in May of 2023. His death has sparked a national debate, along with division among New Yorkers, on the intertwined issues of homelessness, public safety, and the everyday use of the subway system. "It would be a crazy result to have a hung jury because they can't move onto the second count," prosecutor Dafna Yoran remarked regarding the possible outcomes, as featured in the coverage by FOX 5 New York. Neely's father, Andre Zachary, has already filed a lawsuit against Penny, alleging negligence, assault and battery that he claims led to the death of his son.
