A judge dismissed the top charge of second-degree manslaughter in the trial of Daniel Penny after the jury reported twice that it was deadlocked. Penny now faces deliberation on the lesser charge of criminally negligent homicide in the death of Jordan Neely, a homeless man who died after Penny put him in a chokehold on a New York City subway.
Judge Maxwell Wiley made the decision Friday, sending the jury home for the weekend and urging them to continue deliberations on Monday. The defense opposed the move, calling it potentially coercive and requesting a mistrial. The jury has been deliberating since Tuesday, struggling to agree on whether Penny’s actions — intended to protect passengers from Neely’s erratic behavior — were reckless or negligent.
Criminally negligent homicide carries a maximum sentence of four years. Penny’s lawyers argue he acted in self-defense, while prosecutors claim his response was excessive.
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