Judge dismisses top manslaughter charge in Daniel Penny subway chokehold trial amid deadlocked jury
NEW YORK -- Judge Maxwell Wiley informed the jury he is dismissing the manslaughter charge against Daniel Penny after the jury signaled twice it could not reach a unanimous verdict.
He said he will encourage the jury to continue deliberating on Monday the lesser charge of whether Penny committed criminally negligent homicide in the death of Jordan Neely, a homeless man, on the New York City subway last year.
Defense attorney Thomas Kenniff opposed the move, arguing the move could lead to a "coercive or a compromised verdict." He again encouraged the judge to declare a mistrial.
The judge sent the jury home for the weekend and told jurors they would return Monday to deliberate on the lesser charge of negligent homicide.
"Whether that makes any difference or not I have no idea," Wiley said.
Once the jury exited, the defense said there was an article reporting a juror had expressed frustration to a reporter about the deliberations.
"It may just be fake news but it's a concern obviously," defense attorney Tom Kenniff said.
The judge said he was disinclined to speak to jurors at this stage of the trial.
"If you want to go investigate, feel free," Wiley said.
The judge's decision came hours after Manhattan jurors sent him a note saying they were unable to agree on a manslaughter verdict. Jurors had previously been instructed that they needed to reach a verdict on the top charge before they could consider the criminally negligent homicide charge.
The jurors have been deliberating since Tuesday on whether to convict Penny in the death of Neely. Penny, a former U.S. Marine, placed Neely in a chokehold for about six minutes on a New York City subway in May 2023 after Neely got on the car yelling and asking people for money.
Manslaughter requires proving a defendant recklessly caused another person's death, and carries up to 15 years. Criminally negligent homicide, which carries punishments ranging from probation to up to four years in prison, involves engaging in serious "blameworthy conduct" while not perceiving such a risk.
Wiley had earlier pressed the jurors to continue, commending them for being "very conscientious in your deliberations," and noting that it's not uncommon to have difficulties in reaching a verdict.
Penny's lawyers have said he was protecting himself and other subway passengers from a volatile, mentally ill man who was making alarming remarks and gestures. Prosecutors said Penny reacted far too forcefully to someone he perceived as a peril, not a person.
(The Associated Press and ABC News contributed to this report.)
