"Judge Dismisses Manslaughter Charge in Daniel Penny Trial, Jury to Deliberate on Homicide Charge"

 

In the trial of Daniel Penny, a judge dismissed the second-degree manslaughter charge after the jury informed the court twice on Friday that they could not reach a unanimous decision. With this charge no longer in play, the jury will now focus on the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years in prison.

Earlier in the day, the jury had told the judge they were deadlocked on the manslaughter charge. The judge instructed them to keep deliberating, but around 3 p.m., the jury returned with another note stating that they were still unable to reach a unanimous verdict. The defense then requested a mistrial, but the judge sided with the prosecution and dismissed the manslaughter charge. This cleared the way for the jury to deliberate on the criminally negligent homicide charge. The jury was sent home for the day and will return on Monday to continue their deliberations.

Penny Initially Charged with Manslaughter and Criminally Negligent Homicide

Daniel Penny, 26, is facing charges in connection with the death of Jordan Neely, who died after being placed in a chokehold by Penny aboard a subway last year. Penny, a Marine veteran, has pleaded not guilty to both manslaughter and criminally negligent homicide charges.

At the outset of jury deliberations, the judge directed jurors to reach a unanimous decision on the manslaughter charge before considering the lesser charge of criminally negligent homicide. Jurors were also told that if they convicted Penny on the manslaughter charge, they would not need to deliberate on the lesser charge.

Deliberations Last Over 20 Hours

The jury has now deliberated for more than 20 hours since beginning their discussions on Tuesday. During this time, they have sent several notes requesting to review footage from cell phones, police bodycams, and Penny’s interview at the police station. They also asked to hear a readback of the defense’s cross-examination of Dr. Cynthia Harris, the New York City Medical Examiner who performed Neely's autopsy and concluded that the cause of death was compression of the neck.

The jury also sought clarification on parts of the judge's instructions, as well as the legal definitions of “recklessness” and “negligence,” and the term “reasonable person.”

Prosecutors argue that while Penny may have intended to restrain Neely, the chokehold was applied for an excessive amount of time. In contrast, Penny’s defense asserts that he was not applying pressure but merely holding Neely down. A defense witness also disagreed with the Medical Examiner’s cause of death conclusion, suggesting that Neely’s death was caused by a combination of factors, including drugs and a sickle cell crisis.