The jury in the Daniel Penny trial will reconvene Monday to determine his guilt or innocence on a lesser criminal charge in the choking death of subway performer Jordan Neely.
On Friday, Manhattan District Attorney Alvin Bragg moved to drop the manslaughter charge against Daniel Penny after the jury deadlocked on a verdict following more than three days of deliberation.
Judge Maxwell Wiley agreed, and that cleared the way for the 12-person jury to begin deliberations on whether Penny is guilty of criminally negligent homicide in causing Neely’s death.
According to the verdict form, the jury had to first decide on the top count of second-degree manslaughter before considering the criminally negligent homicide count. A not-guilty verdict on the manslaughter charge would have allowed them to deliberate on the second count.
Judge Maxwell Wiley had issued an Allen charge Friday in response to the jury’s manslaughter deadlock. This charge was designed to encourage jurors to continue discussions and strive for a verdict. Wiley’s instruction underscored the importance of reaching a consensus, given the serious nature of the case.
But with no verdict in sight on the manslaughter charge, Bragg moved to dismiss it and start deliberations on criminally negligent homicide. While a second-degree manslaughter conviction could have carried a 15-year prison term, Penny could face up to four years in prison if convicted of the lesser criminally negligent homicide count.
Penny’s defense team sought a mistrial, arguing that the Allen charge could be coercive given the complexities involved in the case. Judge Wiley dismissed that motion Friday.
Still, Penny’s legal team was pleased Friday that the more serious manslaughter charge was off the table.
“We are obviously very pleased with the Court’s decision to withdraw the top count of this indictment,” attorney Thomas Keniff said in a statement (h/t CNN). “However, we have always maintained that Danny acted reasonably in restraining Jordan Neely, and justice will not be served until he is acquitted of criminally negligent homicide as well. We are hopeful that will happen when the jury returns on Monday.”
Deliberations had started on Dec. 3 following the weeks-long trial of Penny, who was caught on viral video choking Neely to death in May 2023 on board an F train in Lower Manhattan.
Prosecutors argued that Penny’s actions were reckless, citing the length of time he maintained the chokehold, even after Neely stopped moving.
Neely’s death triggered widespread protests in May after video footage of the incident circulated widely on social media.
Penny’s defense argues that Neely, known for dressing as Michael Jackson and performing in the transit system, had been threatening commuters, leading Penny to intervene in self-defense. Witnesses said he loudly stated that he was hungry and didn’t care whether he lived or died.
Penny’s defense team aimed to demonstrate to the jury that he was exercising “civilian restraint” while attempting to subdue Neely, whom he believed posed a threat to passengers on the train.
Although Penny asserts that he did not intend to kill Neely, the prosecution sought to establish that he was criminally negligent during the trial, which began in late October.
Check with amNY.com for further updates on the Daniel Penny trial.
This story was updated on Dec. 8 at 1:35 p.m.
