A Manhattan judge has dismissed the second-degree manslaughter charge against Daniel Penny, a former U.S. Marine, following the jury’s deadlock on the charge during deliberations. However, Penny still faces a criminally negligent homicide charge, which carries a maximum sentence of four years in prison.
Background of the Case
The case stems from a high-profile incident on a New York City subway in May 2023, when Penny restrained Jordan Neely, a 30-year-old homeless man, in a chokehold after Neely reportedly acted erratically and threatened passengers. Neely lost consciousness during the restraint and was later pronounced dead. His death was ruled a homicide caused by compression of the neck.
The confrontation sparked a nationwide debate over public safety, the treatment of the homeless population, and the use of force in self-defense. Advocates for Penny argue that he acted to protect himself and others in a dangerous situation, while critics contend that his actions were excessive and unjustified.
Trial Developments
The prosecution argued that Penny acted recklessly and without regard for Neely’s life, while the defense portrayed him as a Good Samaritan who stepped in to prevent potential harm to subway riders. Penny, who did not testify in his defense, has consistently maintained that his intentions were to subdue Neely, not to harm him fatally.
The jury’s inability to reach a unanimous decision on the manslaughter charge led to its dismissal by the judge. Jurors will now deliberate on the lesser charge of criminally negligent homicide, focusing on whether Penny’s actions displayed a failure to perceive substantial risk.
Broader Implications
The case has become emblematic of broader societal tensions. Advocates for mental health reform and homeless rights view Neely’s death as a tragic consequence of systemic failures to provide adequate support for vulnerable populations. Meanwhile, others see Penny’s actions as a reflection of growing frustrations over safety concerns in public spaces.
The verdict on the remaining charge will not only determine Penny’s legal fate but also influence ongoing debates around public safety, individual responsibility, and the role of law enforcement in addressing mental health crises in urban settings. The jury is expected to continue deliberations next week.