A high-stakes trial in New York City takes an unexpected turn as jurors grapple with charges against a former Marine accused in a subway chokehold death.
According to Fox News, the jury in Daniel Penny's trial informed Judge Maxwell Wiley they were unable to reach a unanimous decision on the second-degree manslaughter charge, leading to its dismissal and allowing deliberations to continue on a lesser charge of criminally negligent homicide.
The development came on the fourth day of deliberations in the case of the 26-year-old Marine veteran and architecture student, who faces criminal charges for the death of Jordan Neely, a mentally ill homeless man who had threatened subway passengers. The incident occurred when Neely, who was high on synthetic marijuana known as K2, entered a Manhattan subway car, making threats to kill passengers during what witnesses described as a psychotic episode.
The jury's inability to reach consensus on the top charge prompted prosecutors to request its dismissal, enabling jurors to focus on the lesser charge carrying a maximum four-year prison sentence. Judge Wiley agreed to this motion, dismissing the manslaughter charge that could have resulted in up to 15 years of imprisonment.
The deadlock emerged around 11 a.m. when jurors sent a note to Judge Wiley expressing their impasse. Despite receiving additional instructions and time to deliberate, they maintained their inability to reach an agreement by 3 p.m.
Penny defense attorney Steven Raiser provided insight into the jury's deliberative process, stating:
They are being very deliberate and have since sent a note regarding the reasonable person standard. This reflects on the justification charge. If the jury does find the Government failed to disprove justification, the charges, including the top count, will be dismissed.
The confrontation occurred against a backdrop of increasing subway violence in New York City. Just days before the incident, a subway rider had been stabbed with an ice pick, and numerous other violent incidents had been reported in the weeks prior.
Witness testimony played a crucial role in the trial, with 19-year-old student Ivette Rosario testifying about Neely's threatening behavior. The deceased had an active arrest warrant at the time of the incident and a history of violent behavior, including a 2021 assault on an elderly woman.
Former NYPD inspector Paul Mauro offered his perspective on the proceedings:
A deadlocked jury on the top charge is not a victory for the defendant in a case that should never have been brought to begin with. Daniel Penny is a young man spending thousands on attorneys, he faces a civil case, and a district attorney's office that has chosen ideology over law enforcement may well retry him if we get a mistrial. His liberty remains at risk. This is not justice.
After dismissing the top charge, Judge Wiley sent jurors home for the weekend, with deliberations set to resume Monday focusing solely on the criminally negligent homicide charge. The jury's latest questions centered on understanding the definition of a "reasonable person" as they evaluate whether Penny's actions were justified or criminally negligent.
The case has garnered significant public attention, highlighting tensions between public safety concerns and the use of force by civilians. Penny remained cooperative throughout the investigation, speaking with responding officers at the scene and later providing statements to NYPD detectives at the 5th Precinct.
The trial of Daniel Penny, stemming from a fatal subway confrontation in Manhattan, reached a critical juncture with the dismissal of the second-degree manslaughter charge. The jury will now focus exclusively on determining if the former Marine committed criminally negligent homicide when he placed Jordan Neely in a chokehold during a confrontation sparked by Neely's threatening behavior toward subway passengers.
The case continues Monday with renewed deliberations as prosecutors and defense attorneys await a verdict that could result in either Penny's acquittal or a maximum four-year prison sentence if convicted of the remaining charge. The outcome will likely influence future discussions about civilian intervention in public safety situations and the legal boundaries of self-defense actions.
