Deadlock In Daniel Penny Trial: Manslaughter Charge Dismissed, Jury To Consider Lesser Offense

The trial of Daniel Penny, the Marine veteran accused of killing Jordan Neely in a chokehold on a New York City subway, took a dramatic turn Friday as the jury announced a deadlock on the top charge of manslaughter.

After four days of deliberation, the jury informed the court they could not reach a unanimous verdict on the manslaughter charge. This prompted the judge to dismiss the charge and instruct the jury to consider the lesser offense of criminally negligent homicide.

Penny, 26, faces charges stemming from the May 1 incident where he restrained Neely, a homeless man with a history of mental illness, who was reportedly acting erratically and threatening passengers on the subway. The incident sparked intense public debate about race, mental health, and citizen’s arrest.

The manslaughter charge required the prosecution to prove Penny acted recklessly when he placed Neely in a chokehold. With the jury unable to agree on this charge, the focus now shifts to criminally negligent homicide, which carries a lesser penalty.

The judge’s decision to dismiss the manslaughter charge came after the jury twice declared they were deadlocked, even after receiving an “Allen charge” urging them to reach a verdict. The defense’s request for a mistrial was denied.

The jury will resume deliberations on Monday, solely focusing on the criminally negligent homicide charge. This unexpected development leaves the outcome of the trial uncertain and highlights the complexities of the case.

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