A New York City jury is set to deliberate on whether Marine veteran Daniel Penny is guilty of criminally negligent homicide in the death of a man he placed in a chokehold on a subway train. The jury recently indicated their inability to reach a unanimous verdict on a more serious charge, leading to the dismissal of the top count of manslaughter against Penny.
The incident occurred in May 2023 when Penny placed Jordan Neely in a chokehold for approximately six minutes after Neely began behaving erratically on a subway car. Penny's defense argued that he acted to protect other passengers from a mentally ill individual, while prosecutors contended that his response was excessive given that Neely was unarmed.
The case has sparked a national debate and divided New Yorkers on issues of homelessness and public safety in a city where millions rely on the subway daily. The jury, initially instructed to reach a verdict on manslaughter before considering criminally negligent homicide, found themselves deadlocked on the top charge, prompting the judge to direct them to focus on the lesser offense.
Manslaughter involves recklessly causing another person's death and carries a potential sentence of up to 15 years in prison. In contrast, criminally negligent homicide pertains to engaging in conduct that poses a risk of death due to a failure to perceive the danger, with penalties ranging from probation to four years imprisonment.
Testimony during the month-long trial included accounts from witnesses to the subway altercation and a Marine Corps instructor who trained Penny in chokehold techniques. Penny opted not to testify, while his relatives and friends vouched for his character. Neely, a 30-year-old Michael Jackson impersonator with a history of psychiatric and drug issues, tragically lost his life in the encounter.
Following the trial, Neely's father filed a lawsuit against Penny, alleging negligence, assault, and battery in his son's death. Penny's attorney dismissed the lawsuit as a distraction during jury deliberations, characterizing it as an attempt to target Penny during a period of immense stress.
