NEW YORK, NY – The jury in the high-profile Daniel Penny subway chokehold trial has informed the judge of their inability to reach a unanimous verdict on the first count of the charges. As the courtroom awaits the judge’s decision on whether to issue an Allen charge—a directive to encourage a consensus—the case remains at a standstill.
Penny, a former Marine, faces charges of second-degree manslaughter and criminally negligent homicide. If convicted, he could face up to 15 years in prison, although there is no mandatory minimum sentence. The Manhattan District Attorney’s Office has confirmed the lack of a mandatory sentence, leaving the potential penalty shrouded in uncertainty.
The incident that led to these charges occurred on May 1, when Penny boarded an uptown F train in Manhattan. Jordan Neely, the victim, was reportedly shouting about his need for food and drink. His behavior, described variably by witnesses, escalated to a point where Penny, with the assistance of two other passengers, restrained Neely in a chokehold. Neely lost consciousness, and the medical examiner later ruled his death a homicide due to neck compression.
Prosecutors argue that while Penny had the right to intervene, he used excessive force on an unarmed Neely, maintaining the chokehold for approximately six minutes. They contend that Neely posed no threat once the train reached the Broadway-Lafayette Street Station, where passengers were able to disembark.
The defense, led by attorney Steven Raiser, insists that Penny acted to protect fellow commuters from what they perceived as threatening behavior. They argue that Penny held Neely until police arrived, disputing that the chokehold was the direct cause of death. Instead, they suggest that Neely’s medical conditions, including schizophrenia and substance use, contributed to the fatal outcome.
Penny, a Long Island native and Marine Corps veteran who was studying architecture at the time of the incident, chose not to testify during the trial. The court heard from various witnesses, including passengers, police officers, and a Marine Corps instructor familiar with chokehold techniques. Video footage from the scene offered further insight into the events that unfolded.
Neely, who was 30 years old at the time of his death, had been a well-known subway performer, often impersonating Michael Jackson. His life took a tragic turn after his mother was murdered, leading to struggles with mental health and substance abuse.
As the jury remains deadlocked, the judge’s decision on issuing an Allen charge could prove pivotal. The outcome of this trial is closely watched, reflecting broader societal debates on the use of force and mental health issues.