NYC Subway Chokehold Case: Manslaughter Charge Dropped

The trial of Daniel Penny, accused of using a chokehold on Jordan Neely in a NYC subway, took a significant turn. The judge dismissed the manslaughter charge at the prosecutor's request, leaving the jury to consider the lesser charge of criminally negligent homicide.

The Key Players:

• Daniel Penny: A former Marine who performed the chokehold.
• Jordan Neely: The victim, a street performer with a history of mental illness and homelessness.

The Events:

The incident occurred in May 2023. Penny put Neely in a chokehold for about six minutes after Neely allegedly acted erratically on the subway. Neely subsequently died.

The Charges:

The original charge of manslaughter, carrying up to 15 years, was dropped. The jury is now considering criminally negligent homicide, with penalties ranging from probation to four years in prison.

The Jury's Deliberations:

After deadlocking on the manslaughter charge, the jury requested clarification on the definition of a "reasonable person" and reviewed evidence including police and bystander videos, medical examiner testimony, and legal definitions of recklessness and negligence.

The Controversy:

The case sparked a national debate on racial injustice, crime, and the city's struggles with homelessness and mental health issues. Demonstrations took place outside the courthouse, with differing opinions on Penny's actions. Some saw him as a hero, while others mourned Neely.

The Defense's Argument:

Penny's lawyers argued self-defense, claiming he acted to protect himself and others from Neely.

The Prosecution's Argument:

Prosecutors argued Penny's response was excessive and unreasonable.

The Verdict:

The jury is still deliberating on the lesser charge of criminally negligent homicide. The outcome will significantly impact the ongoing discussions surrounding self-defense, mental health, and racial justice in the context of crime and public safety.