A judge has dismissed the second-degree manslaughter charge against Daniel Penny, a former Marine accused of choking homeless man Jordan Neely to death on a New York City subway, after jurors were unable to reach a unanimous decision.
Penny still faces the less serious charge of “criminally negligent homicide”, which carries a maximum sentence of four years, compared to 15 years for the dismissed manslaughter charge.
The jury, which has deliberated for days, will continue discussions next week.
Penny’s defense argues he acted to protect subway passengers from Neely, who had been yelling and asking for money, while prosecutors contend that Penny’s chokehold, lasting six minutes, was fatal and unnecessary.
The case, which stems from Neely’s death in May 2023, has ignited widespread protests and debate over mental health, homelessness, and public safety.
Neely, a well-known Michael Jackson impersonator with a troubled history, had struggled with mental health issues following the murder of his mother years earlier.
Evidence presented during the month-long trial included bystander videos, 911 calls, and police bodycam footage, alongside testimonies from witnesses and Penny’s acquaintances.
Penny’s actions are seen as an attempt to protect himself and fellow passengers in what appeared to be a threatening situation on the New York City subway. Witnesses reported that Jordan Neely was behaving erratically, yelling, and making aggressive statements that left passengers feeling fearful for their safety.
Penny, a former Marine trained in crisis response, stepped in to restrain Neely, acting out of a sense of duty and concern for others. In a confined and unpredictable environment like a subway car, quick decisions often need to be made, and Penny’s intervention, while tragic in its outcome, could be viewed as an effort to prevent a potentially dangerous situation from escalating further.
This article left out the most relevant fact, that Neely was THREATENING TO KILL.
Without all the facts its hard to access how reasonable this was? If he was in fact threatening to kill as another poster claims, that certainly ups the stakes, I would have thought?
Of course, the real underlying issue here politicians wasting public money on things like the dirty Ukraine proxy war, rather than spending it back home, to make peoples lives better and safer.