A New York judge has granted a motion to dismiss a second-degree manslaughter charge against Daniel Penny, a former Marine, in a trial related to the chokehold death of Jordan Neely on a New York City subway last year. The ruling clears the way for the jury to consider a remaining charge of criminally negligent homicide, which carries a maximum penalty of four years in prison.
The jury was previously deadlocked on the second-degree manslaughter charge, and Penny’s defense attorneys had objected to the motion, arguing that the prosecution’s proposal was “novel” and would encourage prosecutors’ offices to overcharge grand juries.
The judge, Maxwell Wiley, agreed with the prosecution, ruling that dismissing the more serious charge eliminates the defense’s concern about a compromise verdict. Penny now faces a single charge of criminally negligent homicide, which could carry a maximum sentence of four years in prison or no prison time at all, depending on the judge’s discretion.
The judge’s decision came after the jury was sent home earlier than usual, with instructions to “think about something else” over the weekend. The jury will return Monday to continue deliberations on the remaining charge.
The case has polarized NYC residents, with some praising Penny’s actions to protect others and others criticizing the use of force. The family of Jordan Neely has also filed a civil lawsuit against Penny, accusing him of assault, battery, and causing his death “by reason of negligence, carelessness, and recklessness.”