Former Marine veteran Daniel Penny is facing charges for allegedly strangling African American homeless man Jordan Neely in a subway car. The trial, taking place at the Manhattan Criminal Courthouse, has hit a standstill as the jury has been unable to reach a unanimous verdict. In response, presiding judge Maxwell Wiley has decided to dismiss the more serious charge of manslaughter against Penny, but has instructed the jury to reconvene next week to continue deliberating on whether the lesser charge of criminally negligent homicide applies.
Penny is facing charges of second-degree manslaughter and criminally negligent homicide. The jury, composed of 5 men and 7 women, has been deliberating since December 3, with Judge Wiley instructing them to first reach a consensus on the manslaughter charge before discussing the lesser homicide charge.
However, as of December 6, the jury has twice informed the judge that they are still unable to reach a verdict on the manslaughter charge. Consequently, Judge Wiley has sent the jury home for the weekend and requested them to return to the courthouse on Monday to further consider the criminally negligent homicide charge in hopes of reaching a just decision. Subsequently, Judge Wiley decided to dismiss the charge of manslaughter against Penny.
The sentencing for manslaughter and criminally negligent homicide differs significantly. Manslaughter involves recklessly causing the death of another person and carries a maximum sentence of 15 years in prison. On the other hand, criminally negligent homicide involves committing an act that is considered blameworthy but not intentional, with penalties ranging from probation to a maximum of four years in prison.
Penny’s defense attorney, Tom Kenniff, has requested the judge to declare a mistrial and opposes further jury deliberations, citing potential for a “forced or compromised verdict.” However, the judge believes that it is not yet time to declare a mistrial.
This high-profile case, which began in late October this year, stems from an incident on May 1 last year when Penny allegedly restrained Neely’s neck for approximately six minutes on a subway F train, leading to Neely’s death. Penny claims he did so to stop Neely from causing a disturbance and threatening other passengers on the train.