BREAKING: Daniel Penny Trial Judge Dismisses Manslaughter Charge After Jury Couldn't Reach Unanimous Verdict on Marine's Fatal Chokehold Death Case
Penny maintained his innocence.
Dec. 6 2024, Published 12:16 p.m. ET
The judge at the Daniel Penny trial, Maxwell Wiley, has dismissed the manslaughter charge against the Marine veteran.
Earlier in the day, the jury was at a deadlock as they were unable to unanimously agree whether to convict Penny of “recklessly” causing Jordan Neely’s death by placing him in a fatal chokehold in May 2023, RadarOnline.com can reveal.
The judge for the Daniel Perry trial dismissed the manslaughter charge.
Assistant District Attorney Dafna Yoran told the court: “We move to dismiss the top count of manslaughter in the second degree."
Penny now faces only the lesser charge of criminally negligent homicide. Deliberations will continue on Monday.
Earlier this week, the jury of seven women and five men asked if they could again hear a specific portion of judge Wiley's instructions on justification defenses.
They also asked to see another look at the incident's original graphic video as well as Penny's police interview.
Yoran had asked jurors to convict Penny of manslaughter, and during the trial warned the jury their verdict should be based on whether they themselves would be thankful for his intervention, or weigh testimony from his loved ones and supporters that he is a "good man".
The Marine vet put homeless man Jordan Neely in a fatal headlock on a subway train.
She said: "What is so tragic about this case, is that even though the defendant started out doing the right thing… a man died. He was given all the signs he needed to stop. He ignored them. He must be held accountable for that."
Yoran added: "You're not here to decide whether you'd want to ride alone on the train with Jordan Neely. That is not what this case is about. The only thing you need to determine here is whether or not the evidence here proves the defendant killed Jordan Neely."
She also noted the negligent homicide charge should be a a fallback charge if the jury were not convinced Penny committed manslaughter.
Penny's lawyer Steven Raiser argued his 26-year-old client was trying to protect others in the subway car, and said there is no proof beyond a reasonable doubt the chokehold on Neely is what caused his death.
The defense attorney also argued the state's own expert witnesses couldn't prove key elements beyond reasonable doubt.
He said: "If their own experts have doubt… why shouldn't you?" and reminded the jury Neely was described as being "severely psychotic".
Penny pleaded not guilty to the charges.
The jury previously asked to see more videos from the case, including Penny's interview with police.
The jury is deciding whether to convict Penny of second-degree manslaughter for “recklessly” causing Neely’s death after almost all of the passengers on board had exited at Broadway-Lafayette station.
Penny was looking at 15 years behind bars if convicted on the manslaughter charge. He now faces up to four years in prison if convicted on the less serious count.
Penny had Neely in a chokehold for almost six minutes according to evidence.
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On May 1, 2023, witnesses to the incident claim Neely, 30, started yelling threats after he boarded the train. Penny was then filmed putting Neely in a chokehold on the floor of the subway for about six minutes, according to evidence presented at trial.
Neely was pronounced dead soon after.
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