NYC jury deadlocked in Daniel Penny subway chokehold trial; 1 charge dismissed
Supporters of Jordan Neely speak out after dismissal
A judge has dismissed the manslaughter charge facing Daniel Penny, the former Marine who was charged with the killing of Jordan Neely, a homeless man in the subway. Supporters of his, including a member of New York's Black Lives Matter chapter, gave statements.
NEW YORK - The second-degree manslaughter charge against Daniel Penny has been dismissed after jurors couldn't agree on a verdict, but the Marine Corps veteran still faces a second charge in connection with last year's subway chokehold death.
"You are now free to consider count 2," Judge Maxwell Wiley said Friday afternoon, directing the jury to focus solely on the second charge: Criminally negligent homicide.
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.
Earlier in the day, the jury told the judge they couldn’t reach a unanimous verdict on the manslaughter charge, prompting the judge to issue an Allen charge, urging them to make every effort to agree.
What is an Allen charge?
An Allen charge is a court instruction given to a deadlocked jury to encourage them to reach a unanimous verdict.
Judge Wiley 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 jury could not 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.
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Jury deadlocked: Expert weighs in
The jury in the Daniel Penny trial 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. One of the jurors was seen rolling his eyes as the instructions were read.
What charges does Daniel Penny face?
Penny faces second-degree manslaughter and criminally negligent homicide charges.
What happens if Penny is found guilty?
If the jury finds Penny guilty, he could face up to 15 years in prison. There is no minimum sentence. The Manhattan District Attorney’s Office also reached out to FOX 5 NY to report that there is also no mandatory prison sentence for Penny’s charges, but it is unclear how that could affect sentencing.
What happened on May 1, 2023?
Bodycam video shows emergency medical personnel attempting to revive Jordan Neely after he was placed in a chokehold by Daniel Penny on May 5, 2023. (NYPD handout)
On May 1, 2023, Penny had left class and boarded an uptown F train in Manhattan to head to the gym. 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.
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.
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.
Who is Daniel Penny?
Daniel Penny exits the courtroom for a break during his trial at Manhattan Criminal Court on December 03, 2024 in New York City.(Photo by Michael M. Santiago/Getty Images)
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?
File: 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.
Witness to Jordan Neely chokehold death calls Daniel Penny a 'hero'
A passenger who was on the train says the Marine vet 'cared for people' and 'that is his crime.'
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.
The Source
- This article was written based on reporting published by the Associated Press and the New York Times along with FOX 5 NY reporter accounts.