Daniel Penny Manslaughter Charge Dropped, Jury Deliberates Lesser Count

A Manhattan court has seen a significant turn in the trial of Daniel Penny, a Marine veteran, in the death of a mentally ill subway passenger.

In a major development, the trial for the chokehold death of Jordan Neely on a NYC subway has shifted as the manslaughter charge is dismissed, and the focus now turns to consideration of a count of criminally negligent homicide, as Fox News reports.

The central figure, Penny, 26, faces serious accusations after the death of Neely, a homeless man. This incident occurred in a subway car in Manhattan, drawing widespread media attention and sparking debates over vigilante justice and mental health support in public spaces.

Neely, who was experiencing a psychotic episode, reportedly threatened passengers while under the influence of drugs. His condition included schizophrenia, a fact noted during the trial which also highlighted his criminal past and an active arrest warrant.

Penny, who remained at the scene, claimed he acted in defense of himself and other passengers, cooperating fully with NYPD officers upon their arrival. The complexity of the case is reflected in the testimony of witnesses and the various interpretations of Penny’s actions.

Days of Deliberation Lead to Charge Dismissal

The jury, after four days of intense deliberations starting from 11 a.m. on Friday, found themselves at an impasse. Unable to reach a unanimous decision on the manslaughter charge, they sought further instructions from Judge Maxwell Wiley on how to proceed. Judge Wiley's response to the jury's deadlock was to dismiss the top charge of manslaughter. He directed their focus towards criminally negligent homicide, a charge with a significantly lower maximum sentence.

"Manslaughter in the second degree is dismissed," declared Judge Wiley in court. "What that means is you are now free to consider count two. Whether that makes any difference, I don't know," he added, highlighting the uncertainty surrounding the jury's new directive.

Jury Requests Further Guidance on Legal Standards

The jury's request for clarification came in a note that read: "We the jury request instructions from Judge [Maxwell] Wiley. At this time, we are unable to come to a unanimous vote on count 1 -- manslaughter in the second degree." This underscored the challenges faced in reaching a consensus. As deliberations continued, the jurors sought a clearer understanding of the "reasonable person" standard, essential for determining whether Penny's actions were justified or reckless.

Penny's defense attorney, Steven Raiser, expressed that the jury's diligence was evident as they delved into the nuances of what constitutes reasonable fear and defense. "They are being very deliberate and have since sent a note regarding the reasonable person standard," he commented.

Implications of a Deadlocked Jury

Former NYPD inspector Paul Mauro remarked on the situation, stating, "A deadlocked jury on the top charge is not a victory for the defendant in a case that should never have been brought to begin with." This sentiment reflects a broader skepticism about the handling of the case.

The possibility of a mistrial loomed as Penny's defense team pushed for it, but Judge Wiley opted instead to give the jury more time to consider the evidence and instructions provided. He emphasized the importance of reaching a unanimous verdict, pointing out the need for a new trial with a new jury if agreement couldn't be achieved.

"You’ve been a very good jury, and there’s no reason to think that any other jury in a future trial will be any more intelligent or fair than you are," Judge Wiley told the jurors, acknowledging their efforts and the gravity of their task.

Context of Subway Safety and Public Reaction

The incident has sparked discussions on subway safety, particularly against the backdrop of recent violent assaults in the transit system. Penny's own words to investigators, "He was talking gibberish... but these guys are pushing people in front of trains and stuff," suggest a heightened sense of threat perceived by subway riders.

Witness Ivette Rosario's testimony that Neely shouted "Someone is going to die today" further intensifies the debate over the perceived risks and appropriate responses to such threats in public spaces.

This trial, therefore, is not only about the fate of Daniel Penny but also about the broader implications for how society addresses safety, mental health, and justice in densely populated urban settings.