Judge Drops Top Charge in NYC Subway Chokehold Trial
New York County Supreme Court Judge Maxwell Wiley has dismissed the second-degree manslaughter charge against Daniel Penny in the chokehold death of Jordan Neely after jurors deadlocked twice during deliberations....
Facts
- New York County Supreme Court Judge Maxwell Wiley has dismissed the second-degree manslaughter charge against Daniel Penny in the chokehold death of Jordan Neely after jurors deadlocked twice during deliberations.[1][2]
- The jury will now only consider the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years, compared to the original 15-year maximum for manslaughter.[3][4]
- In May 2023, Penny, a white former Marine, placed Neely, a Black homeless street performer, in a chokehold on a Manhattan subway after Neely reportedly began acting erratically and making threats.[5][6]
- Medical experts presented conflicting testimony about the cause of death, with the city medical examiner citing neck compression while the defense expert attributed it to multiple factors, including drug use and medical conditions.[4]
- The defense asked Judge Wiley to declare a mistrial, to which he said, 'it's not time' and that he would read them the Allen charge. An Allen charge is when a court asks a hung jury to agree on a verdict.[5][2]
- This follows news that Neely's father, Andre Zachery, filed a civil lawsuit against Penny and is seeking damages for negligent contact, assault, and battery of his son.[7]
Sources: [1]New York Post, [2]CNN, [3]New York Times, [4]Townhall, [5]FOX News, [6]Newsweek and [7]BBC News.
Narratives
- Right narrative, as provided by X and Federalist. Everyone knows Penny is innocent, evident from the jury leaning toward acquittal and the manslaughter charge being dropped. The reason is simple: Penny acted to protect subway passengers from Neely's explicit violent threats. Unfortunately, prosecutors are using questionable tactics to force a criminally negligent homicide verdict.
- Left narrative, as provided by MSNBC and New York Times. Penny isn't innocent, as shown by the video of him choking Neely for far longer than he knew was appropriate. His actions were reckless and, despite his attempts to save face by citing his friendships with Black individuals, demonstrate a lack of regard for a mentally ill Black man's life.
