Daniel Penny — the man who choked Jordan Neely to death on a NYC subway — has avoided a conviction so far this week after a jury of his peers could not come to a unanimous decision Friday in his trial … and prosecutors decided to drop the top charge in the case as a result.
The prosecution moved to dismiss the second-degree manslaughter charge after the jury twice told the judge today they could not come to a unanimous verdict.
The judge agreed to drop the charge … and the jury will reconvene Monday to consider the lesser charge in the case — criminally negligent homicide. If convicted, he could face up to 4 years in state prison.
Penny was charged with second-degree manslaughter and criminally negligent homicide — and the jury of 7 women and 5 men had been deliberating since Tuesday.
The central issue during the trial … was whether Penny was justified in placing 30-year-old Neely in what turned out to be a fatal chokehold after witnesses claimed Neely was threatening passengers on a NYC subway car on May 1, 2023.
Prosecutors alleged Penny acted recklessly, while his defense team argued he was trying to protect fellow subway riders from a threat.
A Marine veteran, 26-year-old Penny was charged in June 2023 following his arrest on May 12 … which sparked massive protests in the Big Apple.
The medical examiner ruled Neely’s death a homicide due to “compression of neck.”
Penny maintained his innocence throughout … and pled not guilty. No word yet if prosecutors will attempt to try Penny again.
