NYC Subway Chokehold Trial Update: Major Twist in the Case

The trial of Daniel Penny, the former Marine accused in the death of Jordan Neely on a NYC subway, has taken a dramatic turn. A judge dismissed the most serious charge of second-degree manslaughter after jurors deadlocked.

The Key Development: The jury was unable to reach a unanimous verdict on the manslaughter charge, leading the judge to dismiss it. The focus now shifts to a lesser charge of criminally negligent homicide.

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The Background:

Penny restrained Neely, a homeless man, on a subway train in May 2023 after Neely allegedly acted aggressively. The incident sparked intense public debate, with some viewing Neely as a victim and others defending Penny's actions.

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The Prosecution's Case: Prosecutors argued that Penny used excessive force, holding Neely in a chokehold for an extended period even after he was subdued. They highlighted witnesses who allegedly warned Penny about the danger to Neely's life. Assistant District Attorney Dafna Yoran stated that Penny showed disregard for Neely's life.

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The Defense's Argument: Penny's lawyers claimed he acted in self-defense, fearing for the safety of others on the train. They argued that Penny was controlling Neely but did not apply deadly pressure to his airway. They also suggested alternative causes of death such as a drug overdose or a sickle cell crisis.

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What Happens Next: Jury deliberations will resume on the lesser charge of criminally negligent homicide. The outcome remains uncertain, and the case continues to generate significant public interest and controversy.

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Reactions: Penny showed no visible emotion at the dismissal of the top charge. Neely's father and uncle chose to wait until the trial's conclusion before commenting.