A Manhattan jury deliberating the case of Daniel Penny, a former Marine charged in the chokehold death of Jordan Neely on a New York City subway, has reached a deadlock on the manslaughter charge. The 12-person jury sent a note to the court indicating their impasse after 16 hours of deliberation since receiving the case on Tuesday afternoon.
Penny, 26, faces one count of manslaughter in the second degree and one count of criminally negligent homicide in Neely's death. The incident occurred on May 1, 2023, when Neely, a 30-year-old street artist with a history of homelessness, mental illness, and drug use, entered a subway car and began behaving erratically.
Witnesses reported that Neely threw down his jacket, yelled about being hungry and thirsty, and expressed indifference towards his own life. Penny, a fellow subway passenger, responded by restraining Neely in a chokehold on the train floor for several minutes until police arrived. Neely was unresponsive when Penny released the hold.
The trial has sparked debate among NYC residents, touching on issues of mental health, race relations, and the balance between protection and vigilantism. The case has drawn attention from groups like Black Lives Matter, with protesters adding Neely's name to their list of victims.
If convicted, Penny could face up to 15 years in prison for manslaughter or up to four years for criminally negligent homicide. The defense has argued that Penny acted to protect other passengers, while prosecutors have criticized the level of force used and its duration.
The trial, which began in late October, featured testimony from witnesses, video evidence, and expert opinions. The prosecution called over 30 witnesses, including individuals who were present during the incident and medical experts.
Neely's father has filed a lawsuit accusing Penny of assault, battery, and causing his son's death. The lawsuit alleges negligence, carelessness, and recklessness on Penny's part.
The jury's deadlock on the manslaughter charge indicates a complex legal and moral dilemma surrounding the case, with implications for both the defendant and the victim's family.
