By Jahaura Michelle
Blavity
Reprinted – by Texas Metro News
https://blavity.com/
Daniel Penny was found not guilty of criminally negligent homicide on Monday in the death of Jordan Neely aboard a New York City subway last year, following days of deadlock among jurors, according to Fox 5 New York.
Judge urged jury to continue deliberations on lesser charge
The Manhattan jury reached a verdict after Judge Maxwell Wiley dismissed the second-degree manslaughter charge against Penny on Friday, following a prosecution request after the jury failed to reach a decision.
According to ABC News, he urged jurors to continue deliberations on Monday for criminally negligent homicide, a lesser charge than second-degree manslaughter initially brought against Penny after he placed Neely, an unhoused man, in a chokehold for six minutes on a New York City subway car last year.
The jury deliberated since Wednesday, hearing testimony from over 30 witnesses and experts presented by both sides. Several of the prosecution’s witnesses aimed to demonstrate that Neely’s death resulted from the excessive force Penny used in the chokehold. They also needed additional information and evidence to decide.
Jury hit with Allen charge following deadlock
On Friday, jurors told Wiley that they were deadlocked and unable to reach a unanimous decision. According to Blavity and NBC News New York, they could not proceed with the criminally negligent homicide charge unless they reached a consensus on the manslaughter count.
“What that means is you are now free to consider count two. Whether not that makes any difference or not, I have no idea,” ABC News reported Wiley said before deliberations concluded for the weekend.
Wiley issued the jury an Allen charge, typically used in cases of a hung jury, but encouraged them to continue deliberating despite being deadlocked. He also gave both sides time to plan their next steps. The defense’s mistrial requests were dismissed, while the prosecution raised the possibility of a new trial.
Blavity reported that Neely, an unhoused Michael Jackson impersonator, reportedly acted erratically toward subway passengers on May 1, 2023. A viral video showed Penny restraining him in a chokehold for about six minutes, allegedly to stop him from harassing others. He held on for additional seconds before eventually letting the 30-year-old go.
Penny’s manslaughter charge carried a maximum sentence of 15 years in prison. According to USA Today, the criminally negligent homicide charge carries a minimum sentence of four years. The Manhattan District Attorney’s Office also noted that if Penny were found guilty, the judge could impose a sentence with no prison time.
