Judge dismisses Daniel Penny’s manslaughter charge

Manhattan Judge Maxwell Wiley granted the prosecution’s Friday motion to dismiss a second-degree manslaughter charge against former U.S. Marine Daniel Penny, 26, after reports of a hung jury, according to reporting by CNN. The jury will return on Monday to resume deliberations over Penny’s lesser charge of criminally negligent homicide.

Manhattan prosecutors charged Penny last year in connection with the death of Jordan Neely, a homeless black man on a New York subway in May 2023. Bystander footage showed Penny and two other passengers pin Neely to the ground after Neely started shouting threats at passengers. Prosecutors say Penny put Neely in a chokehold that resulted in his death. Penny insisted he acted in self-defense and pleaded not guilty to all charges. Neely’s death led to protests by some who suggested Penny’s actions were racially motivated. They called for more public services to address those struggling with mental health issues and homelessness.

Why would prosecutors move to dismiss their own charges? Penny’s attorneys motioned for a mistrial over the deadlock, which prosecutors avoided by moving to drop one of their own charges against Penny. The veteran may face up to four years in prison for criminally negligent homicide.

Dig deeper: Read Josh Schumacher’s previous report on the trial for more background on Penny’s case.