A Manhattan judge made headlines Friday when he dismissed the second-degree manslaughter charge against Daniel Penny after the jury reported they were deadlocked. Penny, who is 26 years old and formerly served as a U.S. Marine, was involved in the chokehold death of Jordan Neely, a 30-year-old street performer, during an incident on the subway on May 1, 2023.
The jury, after days of deliberation, informed Judge Maxwell Wiley they could not reach a unanimous decision on the manslaughter charge. Following their first notification, Judge Wiley had urged the jurors to continue their discussions. Yet, by the afternoon of the fourth day of deliberation, they returned with another note reaffirming their inability to agree. Prosecution officials suggested dismissing the manslaughter charge, allowing the jury to move on to the next charge – criminally negligent homicide, which carries up to four years of imprisonment, compared to the 15 years Penny could have faced for the more serious manslaughter charge.
Initially, Daniel Penny was charged with both second-degree manslaughter and criminally negligent homicide after Neely was placed in a prolonged chokehold on the subway. Penny has pleaded not guilty to both charges throughout the proceedings and insists he was acting to protect passengers from what he perceived as Neely’s erratic and threatening behavior.
The altercation began when Penny encountered Neely on the uptown F train. Witnesses described Neely as behaving erratically, shouting about being hungry and thirsting, which raised alarm among some passengers. Video footage recorded by bystanders showed Penny on the subway floor restraining Neely with the chokehold, with other individuals observing the situation. Once authorities arrived, they found Neely unresponsive, and he was pronounced dead shortly thereafter at the hospital.
During the trial, which drew significant public interest and protests highlighting issues of mental health and homelessness, those prosecuting argued Penny’s restraint became reckless, especially as it continued beyond the point when he posed any real threat. Prosecutors claimed Penny applied the chokehold for approximately six minutes, during which time Neely was unable to breathe properly.
Defense attorneys claimed Penny acted out of concern for his safety and the safety of others, describing his tactics as standard self-defense inherited from his training as a Marine. They argued he was not applying serious pressure during the chokehold, merely pinning Neely down to prevent any violent outbursts.
Yet, the Manhattan Medical Examiner, Dr. Cynthia Harris, testified during the trial, categorically rejecting the defense’s assertions, stating there were no reasonable alternative explanations for Neely’s death besides the chokehold applied by Penny. She ruled compression of the neck, which can lead to asphyxia, as the cause of Neely's fatality.
One of the more controversial aspects of the case was the portrayal of Penny as either a protector or perpetrator—an idea sparking diverse opinions and immediate debates around vigilantism. Some witnesses sympathized with Penny, believing he acted under strong impulse to help others on the train. Others felt the action reflected societal failure around discussions of those experiencing mental health crises.
Throughout the proceedings, jurors requested revisiting testimonies, as well as viewing the incriminatory videos again. These requests indicate how deeply jurors were engaged with the case, trying to ascertain the facts before determining their verdict.
While the dismissal of the manslaughter charge was seen as progressive, it is important to note Penny is still subject to the charge of criminally negligent homicide. The jury was instructed to return on Monday, where deliberations on this lesser charge are set to commence.
Neely's death, and the trial surrounding it, has raised broader questions around how society deals with mental illness, homelessness, and the ethical limits of self-defense. Advocates for the homeless and individuals with mental illness have echoed sentiments of significant concern, cautioning against the normalization of violence as means of handling such complicated issues.
The dynamics of this case echo the pulse of societal challenges, where protective instincts can clash with public safety and civil rights. For many observers, this case encapsulates the anxieties simmering beneath the surface of public discourse—issues of race, safety, and justice under public scrutiny.
Looking forward, whether or not justice will be served for Jordan Neely remains uncertain. For his family and advocates, each day brings new tension as they await the jury's decision on the remaining charge against Daniel Penny.