In a shocking turn of events, the top manslaughter charge against Daniel Penny has been dismissed, leaving the jury to grapple with a lesser charge and potentially setting a new precedent for similar cases.
But he isn’t out of the woods just yet.
At a Glance
- Manhattan prosecutors dropped the manslaughter charge against Daniel Penny after jury deadlock
- The case involves Penny putting Jordan Neely in a chokehold on a Manhattan subway in May 2023
- Jury will now deliberate on the lesser charge of criminally negligent homicide
- The decision has sparked debate over legal standards and self-defense justification
- The case highlights issues with the city’s mental health system
Manslaughter Charge Dismissed: A Turning Point in the Trial
Manhattan prosecutors have dropped the top charge of manslaughter against Daniel Penny, a former Marine who saved innocent lives on a NYC subway train, after jurors were unable to reach a unanimous verdict.
The case, which has captivated public attention, centers on an incident where Penny placed Jordan Neely, a homeless man who was threatening the lives of other passengers, in a chokehold on a Manhattan subway in May 2023. This decision marks a crucial turning point in the trial and has far-reaching implications for legal standards and future case law.
Judge Maxwell Wiley, presiding over the case, agreed to dismiss the manslaughter charge, stating, “I’ll take a chance and grant the people’s application.”
This move came after the jury deadlocked twice, unable to reach a consensus on the more serious charge. The dismissal means that Penny cannot be retried on the manslaughter charge, regardless of the outcome of the current proceedings.
Daniel Penny Manslaughter charge dismissed by the judge. Jury has to deliberate tomorrow on lesser charges. Nevertheless, a huge sigh of relief for Penny. https://t.co/518MFFUmU1
— Nick Palmisciano (@Ranger_Up) December 7, 2024
Shifting Focus: Criminally Negligent Homicide
With the manslaughter charge off the table, the jury will now deliberate on the lesser charge of criminally negligent homicide – which is what the Woke judge seems to want to focus on now.
This charge carries a lighter sentence, with penalties ranging from probation to a maximum of four years in prison. But, in the end, it’s a sentence the judge may be able to get Penny on.
The shift in focus raises questions about the legal standards applied in such cases and how juries interpret the concept of criminal negligence.
“Ultimately what a reasonable person is is up to you to decide,” the judge instructed the jury, highlighting the subjective nature of determining criminal negligence.
The decision to drop the manslaughter charge was made to avoid a “compromise verdict,” according to Assistant District Attorney Dafna Yoran, who argued that “it would be a crazy result” to keep both charges. This strategic move by the prosecution underscores the complexities involved in pursuing justice in high-profile cases with significant public interest.
The case has ignited a heated debate over whether Penny’s actions were justified as self-defense. Penny’s defense team has argued that he was protecting himself and others from Neely, who was obviously volatile and mentally ill. This aspect of the case has brought attention to the broader issues of public safety and mental health care in urban environments.
Even Democratic NYC Mayor Eric Adams has supported Penny.
“You have someone [Penny] on that subway who was responding, doing what we should have done as a city,” Adams said.
The incident has also shed light on the shortcomings of the city’s mental health system. Neely, who had a history of mental illness and encounters with police, became a tragic figure in this narrative, prompting discussions about the need for better mental health services and support for homeless individuals.
Hopefully the jury can unanimously agree that Penny did absolutely nothing wrong.
