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Former Marine Daniel Penny, who intervened during a tense confrontation on a New York City subway last year, will no longer face a manslaughter charge in the death of Jordan Neely. Penny had restrained Neely, who witnesses said was threatening passengers, by placing him in a chokehold. Neely later died, though he was still alive when police arrived at the scene.
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The incident sparked intense debate, with racial and political dynamics playing a significant role in shaping public opinion. Neely, who was both black and homeless, was initially depicted by some as a victim of mistreatment, while others pointed to his past behavior as a potential factor in the tragic event. Penny, 25, who was involved in the incident, faced widespread criticism and was subsequently charged. As the legal proceedings unfolded, Neely’s father filed a civil lawsuit against Penny, further intensifying the controversy surrounding the case.
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Supporters of Daniel Penny argue that he acted as a Good Samaritan, prioritizing the safety of other passengers during the subway incident. They believe his actions were in response to a perceived threat, and that he was simply trying to protect those around him even though NYC Mayor Eric Adams defended Penny, praising his response. Adams remarked that Penny’s actions exemplified the type of response the city should have collectively strived for, noting that Penny was doing exactly what should have been done at that moment to ensure the safety of others on the subway.
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The Manhattan jury failed to reach a unanimous decision on the manslaughter allegation after days of discussion after receiving an Allen charge, which is intended to encourage jurors to reach a consensus, but they remained deadlocked. In light of this, prosecutors decided to request the dismissal of the manslaughter charge. They urged the court to permit the jury to deliberate on a lesser charge of negligent homicide, a move that could potentially result in a different outcome. The decision to shift the charge reflects the ongoing complexity and tension in the case.
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Under New York State law, manslaughter involves recklessly causing another person’s death and carries a maximum penalty of 15 years in prison. Negligent homicide, by contrast, pertains to serious misconduct without recognizing the associated risks and carries penalties ranging from probation to up to four years in prison.
Defense attorneys objected to the shift, arguing that jurors could only consider the lesser charge if they first rendered a not-guilty verdict on the manslaughter charge, rather than relying on its dismissal. Judge Maxwell Wiley acknowledged the potential legal complexity. There might be a legal problem, he noted, adding that he would need to confirm whether jurors could proceed to the lesser charge without first reaching a verdict on the original charge.
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Should the judge confirm the legal basis for this approach, jury deliberations on the negligent homicide charge will commence on Monday. Defense lawyers have expressed concern that jurors might convict Penny on the lesser charge as a compromise with the prosecution.
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