Newly revealed court developments state that a judge in New York has granted the dismissal of a second-degree manslaughter charge directed at Daniel Penny. Once a Marine, Penny had formerly faced charges of both manslaughter and criminally negligent homicide in relation to the death of a busker in the New York subway system.
The judgment pronounced by the court necessitates that the jury assigned to the case now solely focus on the charge of criminally negligent homicide. Prior to this, both the defense and prosecution teams had been engaged in considerable legal maneuvering. Lawyers representing Penny had pushed for a mistrial, while the prosecution team called for the dismissal of the manslaughter charge.
It was the stance of the prosecution that the removal of the manslaughter charge would safeguard against the potential for a compromise verdict. The jury, armed with this revised brief, will resume their discussions on Monday in an attempt to reach a unanimous decision.
The move to narrow the focus on the case’s charges follows an announcement from the jury. They had communicated to the court their inability to reach a consensus on both the manslaughter and criminally negligent homicide charges.
Despite pushback from Penny’s legal team, the court proceeded to administer the Allen charge. In legal terminology, this is a directive to a jury that has failed to reach an agreement, to persist in reaching a decision. The defense team’s objections were overruled with this directive.
As far as the event in question is concerned, the prosecution alleges that Penny acted aggressively against Jordan Neely, a street performer posing as Michael Jackson in the NYC subway network. The incident, which happened in May 2023, saw Neely purportedly behaving in a disruptive and unsettling manner, whilst vocalizing his hunger and his willingness to face extreme consequences such as death, murder, or incarceration.
Throughout the course of the trial, the prosecution’s narrative has described Penny as having acted imprudently by maintaining a stranglehold on Neely for an extended duration, believed to be around six minutes.
At the age of 26 at the time of the trial, Penny chose not to take the stand. However, his counsel argued on his behalf, stating that the former Marine was merely trying to bring Neely under control until authorities could arrive at the scene.
The incident and subsequent trial have led to a considerable amount of discourse on a national level, quite significant in the light of the heated public debate about societal aspects such as public safety, vigilantism, and homelessness.
Following the news of Neely’s demise, public reaction was immediate and widespread. Demonstrations sprang up throughout New York City, with protestors rallying for justice to be served.
All the while, Penny’s case drew notable public support. A veritable wave of financial backing rolled in, bolstering his defense fund significantly. The donations received till date have been substantial enough to raise millions.