Manhattan Prosecutors Drop Top Charge in Subway Chokehold Case
Manhattan prosecutors were forced to drop the top charge of manslaughter in the case of Daniel Penny, who is accused of putting a 30-year-old homeless man in a six-minute chokehold on a subway train in May 2023. The move comes after jurors said they were deadlocked on the top count, which carries a sentence of up to 15 years in prison.
Judge Maxwell Wiley agreed to dismiss the charge, instructing the jury to focus on the lesser charge of criminally negligent homicide, which carries a sentence of up to four years in prison. The decision was made after jurors sent notes that they were unable to agree on the top charge.
The case has sparked debate over whether Penny was justified in using deadly force to protect passengers on the subway, and whether he should be held accountable for the death of 30-year-old Jordan Neely. Neely had a history of reporting mental health issues to authorities, which some have argued was mismanaged by the city’s mental health system.
The case has been highly publicized, with some arguing that Penny acted in self-defense, while others say he was reckless and responsible for Neely’s death. The prosecution has emphasized that Neely did not threaten anyone specifically, brandish a weapon, or touch anyone before his death.
The prosecution can now no longer retry Penny on the top charge of manslaughter, which means that his sentence is limited to up to four years in prison if he is convicted of criminally negligent homicide.