Daniel Penny trial: Jury to begin weighing lesser charge l What it means

NEW YORK CITY - A New York City jury will begin on Monday weighing whether to convict Marine veteran Daniel Penny of criminally negligent homicide in the death of a man he placed in a chokehold on a subway train, after the jurors said last week they couldn't reach a unanimous verdict on a more serious charge.

JUMP TO: TIMELINE OF EVENTS

The judge agreed to dismiss the top count of manslaughter against Penny on Friday and directed the panel to start deliberating Monday on the lesser charge, which carries a lighter punishment.

"Whether that makes any difference or not, I have no idea. But I’m going to direct you to focus your deliberations on count two," Judge Maxwell Wiley said, telling them to "go home and think about something else."

The jurors began deliberating Tuesday and at the time were told they needed to reach a verdict on the manslaughter count before they could consider criminally negligent homicide. But on Friday, they told the judge they were deadlocked on the top charge, and remained so even after Wiley urged them to keep trying.

What happened on Friday?

After a highly contested day of deliberations, the judge dismissed the second-degree manslaughter charge that had deadlocked the jury.

While it remains unclear how this decision will affect deliberations, the judge emphasized that they should focus on the second charge moving forward. This charge will ultimately determine whether Penny is guilty of criminally negligent homicide in the subway chokehold death of Jordan Neely. 

With deliberations stalled, the case may result in a mistrial if the jury cannot reach a verdict on the remaining charge.

Earlier in the day, the jury told the judge they couldn’t reach a unanimous verdict on the first charge of second-degree manslaughter, prompting the judge to issue an Allen charge urging them to make every effort to agree. 

The judge reiterated the responsibility of the jurors to reach a decision, explaining that "deliberations were not intended to be easy," but that they should "harmonize" their views and reach a decision.

The defense had emphasized that the jury could not deliberate on the second charge without resolving the first, as Penny could not be convicted of both.

"It would be a crazy result to have a hung jury because they can't move onto the second count," prosecutor Dafna Yoran was heard telling the judge.

What charges does Penny face?

After the dismissal of the second-degree manslaughter charge, Penny now faces only a criminally negligent homicide charge.

• (Dismissed charge) Manslaughter requires proving that a defendant recklessly caused another person's death. The standard entails, among other things, consciously disregarding a substantial and unjustifiable risk that an action will be deadly.

• Criminally negligent homicide, on the other hand, involves engaging in serious "blameworthy conduct" while not perceiving such a risk.

What happens if Penny is found guilty? 

If the jury finds Penny guilty, the 26-year-old faces 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. This means he could face only probation or a fine.

What happened on May 1, 2023?

On May 1, 2023, Penny had left class and boarded an uptown F train in Manhattan to head to the gym. Jordan Neely was on board the train, and witnesses said he was shouting about needing food and something to drink before whipping his jacket to the floor and starting to scream. They differed in descriptions of his movements and whether they were threatening.

Penny stepped in and approached Neely from behind. With the help of two other passengers, Penny pinned Neely to the ground and placed him in a chokehold until Neely’s body went limp and he lost consciousness. The medical examiner’s office ruled the death a homicide caused by compression of the neck.

The train stopped at the Broadway-Lafayette Street station in Manhattan, allowing passengers to get off, but Penny did not let go.

Prosecutors and the defense both agree that Penny had the right to step in, but prosecutors argue that Penny used too much force on an unarmed man.

What do prosecutors say?

Prosecutor Yoran told jurors at the start of summations last week that Penny used too much force for too long on Neely, holding him a chokehold for nearly six minutes. Prosecutors argued that he could have released Neely after passengers stepped off the train at the station, once he was no longer a threat to others.

What did the defense say?

Defense lawyer Steven Raiser says Penny acted to save subway riders from threatening behavior. They argued that Penny held onto Neely until police arrived so they could take him into custody. They also claim that the chokehold was not what killed Penny, instead arguing that schizophrenia, synthetic marijuana use and sickle cell trait led to his death.

Who is Daniel Penny?

Daniel Penny is a U.S. Marine Corps veteran from West Islip, Long Island. He served in the Marines for four years and was discharged in 2021.

At the time of Neely’s death, Penny was studying architecture. 

Who was Jordan Neely?

Jordan Neely once was among the city's corps of subway and street performers and was known for his Michael Jackson impersonations. But after his mother was violently killed when he was a teenager, Neely was diagnosed with depression and schizophrenia, was repeatedly hospitalized, struggled with drug abuse and had a criminal record that included assault convictions.

What happened during the trial?

During the trial, the jury heard testimony from subway passengers who witnessed Penny's roughly six-minute restraint of Neely, as well as police who responded to it, pathologists, a psychiatric expert, a Marine Corps instructor who taught Penny chokehold techniques and Penny's relatives, friends and fellow Marines. Penny chose not to testify.

Jurors watched videos recorded by bystanders and by police body cameras and saw how Penny explained his actions to officers on the scene and later in a stationhouse interview room.

Timeline of events

May 1, 2023: Daniel Penny places Jordan Neely in a fatal chokehold.

May 10, 2023: New York City Mayor Eric Adams said that the death of Jordan Neely at the hands of a fellow subway rider was "a tragedy that never should have happened" and pledged to do more to help people experiencing mental health crises.

May 11, 2023: Penny turns himself in to the Manhattan District attorney’s office.

May 20, 2023: Republican presidential hopefuls line up to support Penny.

June 15, 2023: A grand jury indicted Penny.

June 28, 2023: Penny pleaded not guilty to second-degree manslaughter and criminally negligent homicide during his arraignment.

Jan. 17, 2024: A judge declined to dismiss the case against Penny.

Oct 21, 2024: Jury selection begins.

Nov 1, 2024: Jurors have heard opening statements in the trial.

Dec. 2, 2024: Closing arguments begin.