NYC Subway Chokehold Trial Ends in Hung Jury

The jury in the Daniel Penny trial, concerning the death of Jordan Neely due to a subway chokehold, has announced it cannot reach a verdict. This leaves the fate of Daniel Penny, the ex-Marine who performed the chokehold, uncertain.

The Case: Penny, 26, is charged with manslaughter for the death of Neely, a 30-year-old homeless street performer, in May 2023. The defense argued self-defense, citing verbal threats made by Neely that frightened passengers. Prosecutors countered that Neely, unarmed and not physically aggressive, was subjected to excessive force for an extended period (6 minutes).

The Deliberations: Following closing arguments, which included testimony from witnesses who described their fear and concerns, the jury began deliberations. They ultimately informed the judge of their inability to reach a unanimous decision.

What Happens Next?: Before declaring a mistrial, the judge will instruct the jury with an Allen charge, urging them to reconsider and aim for a unanimous verdict. However, if they remain deadlocked, a mistrial will be declared, potentially leading to a retrial. Penny faces up to 15 years in prison if convicted of manslaughter, or a lesser charge of criminally negligent homicide.

Key Players:

• Daniel Penny: Ex-Marine accused of manslaughter.
• Jordan Neely: Homeless street performer who died from the chokehold.
• Justice Maxwell Wiley: Manhattan Supreme Court Justice overseeing the case.