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Judge dismisses top charge against Daniel Penny: Latest
After a highly contested day of deliberations, the judge in the Daniel Penny trial dismissed the second-degree manslaughter charge that had deadlocked the jury. FOX 5 NY's Michelle Ross has the very latest on the trial.
NEW YORK - After nearly a week of intense deliberations, the judge in the Daniel Penny trial dismissed the second-degree manslaughter charge that had left the jury deadlocked.
According to the judge’s instructions, Penny could not be found guilty of both charges.
Penny was charged in the death of Jordan Neely, who Penny held in a chokehold for about six minutes on a New York City subway in 2023.
The jury has been instructed to focus solely on the remaining charge of criminally negligent homicide and will resume deliberations on Monday.
What charges does Penny face?
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Judge dismisses top charge in Daniel Penny trial
The judge overseeing the trial of a man accused of using a deadly chokehold on an unruly subway passenger has dismissed the top charge in the case at the request of prosecutors, allowing the jury to consider a lesser count after the panel indicated it was deadlocked on whether Daniel Penny was guilty of manslaughter.
Penny faces criminally negligent homicide, which involves engaging in serious "blameworthy conduct" while not perceiving such a risk.
This charge will determine whether Penny is guilty of engaging in blameworthy actions that led to Neely’s death.
His defense team claims he acted to protect himself and other subway passengers from a threatening individual, while prosecutors argue his response was excessive and rooted in viewing Neely as a danger rather than a human being.
What happens if Penny is found guilty?
Penny, a 26-year-old former Marine, now faces a charge that carries a maximum prison sentence of four years, far less than the 15 years tied to the dismissed manslaughter charge. If convicted, the judge could also opt for a sentence that includes no prison time at all.
The Manhattan District Attorney’s Office also reached out to FOX 5 NY to report that there is also no mandatory prison sentence for Penny’s charges, but it is unclear how that could affect sentencing.
If jurors cannot reach a unanimous decision on the remaining charge, the trial could end in a mistrial.