Jurors in the Daniel Penny chokehold trial have been deliberating for four days, focusing on the top charge of manslaughter. The 26-year-old Marine veteran and architecture student is accused of killing a mentally ill homeless man, Jordan Neely, who threatened passengers on a Manhattan subway car.
The jury sent a note to the court stating their inability to reach a unanimous vote on manslaughter in the second degree, which requires proving that Penny acted recklessly when he grabbed Neely in a chokehold during a psychotic episode.
Despite protests from the prosecution, Judge Maxwell Wiley instructed the jury to reach a verdict on the manslaughter charge before considering the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years in prison.
Neely, who had schizophrenia and was high on drugs at the time, had a history of violent behavior, including an assault on a woman at a subway station. Penny intervened when Neely threatened passengers, leading to Neely's death.
In the context of recent subway violence, witnesses testified to feeling terrified by Neely's threats. Penny, facing a maximum sentence of 15 years if convicted, remains cooperative with authorities and maintains that his actions were to prevent harm to others.
The trial highlights the complex legal and ethical considerations surrounding self-defense and intervention in situations involving mentally ill individuals. The jury's decision will have significant implications for both the defendant and the broader conversation on public safety and mental health.
