A New York judge dismissed the manslaughter charge against Daniel Penny on Friday (December 6) after the jury declared a deadlock. Penny was accused of using a deadly chokehold on Jordan Neely in May 2023 on a New York City subway. The dismissal, requested by prosecutors, leaves the jury to consider only the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years.

The jury, composed of seven women and five men, will resume deliberations on Monday. They reported twice on Friday that they could not reach a unanimous decision on the manslaughter charge. Judge Maxwell Wiley had instructed them to reach a unanimous decision on the manslaughter charge before considering the lesser charge.

Penny, a former Marine, encountered Neely, a former Michael Jackson impersonator, on a subway train. Witnesses testified that Neely was behaving erratically, ranting about being hungry and not caring about his fate. Penny restrained Neely in a chokehold for six minutes, which continued after the train reached the next station. Neely, who was homeless and had a history of mental illness, died from neck compression, according to the medical examiner.

The case has sparked debates over racial justice, subway safety, and the city's handling of homelessness and mental illness. Penny's defense claims he acted to protect passengers without intending harm. His attorneys objected to the dismissal of the manslaughter charge, arguing it pressured the jury towards a compromised verdict.

The jury has deliberated for about 20 hours over four days, reviewing videos and testimonies. Judge Wiley emphasized the importance of reaching a just verdict without compromising their consciences.

Dan Caplis