Manslaughter Charge Dropped Against Daniel Penny After Jury Deadlocks

A Manhattan judge agreed to drop the manslaughter charge faced by Daniel Penny, after prosecutors sought the move following a deadlock by the jury deciding the ex-Marine’s fate.

Penny still faces charges of criminally negligent homicide in the May 2023 chokehold death of Jordan Neely. But on Friday, after three days of jury deliberations failed to render a verdict, the Manhattan District Attorney asked Judge Maxwell Wiley to drop the manslaughter charge Penny was facing, which could have landed him in jail for 15 years, the Associated Press reported.

If convicted of criminally negligent homicide, a lesser charge than manslaughter, the maximum punishment would be four years in prison under New York penal codes.

The jury had informed Judge Wiley earlier on Friday that a verdict couldn’t be reached on the manslaughter charge. Over the objections of the defense, which is seeking a mistrial, the judge agreed to grant the DA’s motion, CNN reports.

AP reports the judge ordered the jury to go home for the day to consider the lesser charge.

Neely died on May 1, 2023 after being placed in a chokehold by Penny on the floor of a subway train in Manhattan.

Prosecutors contend Penny kept his arm around Neely’s neck for too long and with too much force; Penny’s lawyers say he was acting in defense, both for himself and the other passengers on the train, against Neely, who was allegedly threatening other riders.