Jury Deadlocked on Manslaughter, Deliberates Lesser Charge in Daniel Penny Subway Death Case

After failing to agree on a manslaughter verdict, jurors now consider a criminally negligent homicide charge in the death of Jordan Neely.

Daniel Penny, a former Marine, faces up to four years in prison if convicted of criminally negligent homicide in the death of Jordan Neely on a New York City subway in May 2023.
The jury was unable to reach a unanimous decision on the more severe manslaughter charge, which carried a potential 15-year sentence, leading the judge to dismiss the count and focus on the lesser charge.
The case has drawn national attention, raising debates about mental health, public safety, and race, as Penny is white and Neely, a homeless Black man, was acting erratically before being restrained in a fatal chokehold.
Prosecutors argue Penny acted recklessly by maintaining the chokehold even after Neely stopped moving, while the defense claims Penny was protecting passengers from a perceived threat.
The trial has included testimony from over 30 witnesses, video evidence, and expert opinions, with the medical examiner ruling Neely’s death a result of neck compression, while the defense suggests other contributing factors.