NEW YORK – After four days of intense deliberations, jurors in the trial of Daniel Penny returned to court on Friday still unable to reach a verdict. Penny, a 26-year-old former Marine and architecture student, faces charges of manslaughter in the second degree for placing Jordan Neely, a mentally ill homeless man, in a fatal chokehold after Neely threatened passengers on a Manhattan subway train.
Around 11 a.m., jurors sent a note to Judge Maxwell Wiley stating, \”We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on count 1 – manslaughter in the second degree.\”
The charge of manslaughter requires prosecutors to prove that Penny acted recklessly when he intervened, ultimately leading to Neely’s death. During the trial, testimony revealed that Neely had barged onto the train while high on K2, a synthetic drug, and made violent threats against passengers. The tense incident quickly escalated, culminating in Penny restraining Neely in a chokehold.
Judge Wiley addressed attorneys from both sides, expressing his intent to give \”Allen charge\” instructions to the jury—despite objections from the prosecution. Wiley stated that he wanted the jurors to make every effort to reach a decision on the top charge before considering lesser charges. The Allen charge, which urges a deadlocked jury to continue deliberations, has sparked controversy in the past due to concerns it could pressure jurors to abandon their convictions for the sake of consensus.
\”In this case, I think that they can\’t move on to count 2 unless they find the defendant not guilty of count 1,\” Wiley told the attorneys, reiterating his aim to exhaust all efforts for a verdict on the more serious charge. Count two, a lesser charge of criminally negligent homicide, carries a maximum sentence of four years in prison.
The Incident and Trial
The encounter between Penny and Neely took place during a chaotic and unsettling scene on the subway. Neely, 30, who had a history of mental illness and was known to many subway commuters, entered the train in the midst of what witnesses described as a psychotic episode. Shouting that someone was going to \”die today\” and that he did not care about going to prison, Neely’s behavior left passengers terrified.
Witnesses, including 19-year-old student Ivette Rosario, testified that Neely’s threats made them fear for their safety. Rosario recalled Neely shouting that someone would \”die that day,\” prompting a sense of panic among the passengers.
Penny, who was present during the incident, intervened by placing Neely in a chokehold to subdue him. Neely eventually lost consciousness and later died. Penny remained at the scene and spoke with responding officers before agreeing to be interviewed by detectives. During his questioning, Penny described Neely’s actions as erratic and threatening, adding that the general climate on the subway was one of fear, following a series of violent incidents in recent months.
Neely had an active arrest warrant at the time of the incident, and his lengthy criminal record included a 2021 assault on a 67-year-old woman. Prosecutors have argued that Penny\’s actions were excessive and went beyond the bounds of self-defense, while Penny’s defense team has maintained that he was acting to protect himself and others in the face of a potential threat.
Public Reaction and Broader Debate
The case has drawn considerable attention, reigniting debates around public safety, mental health, and how civilians should respond to potentially dangerous situations in public. New York City’s subway system has been at the center of these discussions, with several high-profile incidents—including assaults and unprovoked shoving—adding to a heightened sense of fear among commuters.
Just days before Penny’s encounter with Neely, a straphanger was stabbed with an ice pick, and recent months have seen other alarming incidents, including a PBS reporter being assaulted on a subway. With this backdrop, some members of the public have rallied behind Penny, viewing his actions as justified in light of the escalating violence on public transportation. Others, however, have criticized the outcome as a tragic failure to address the mental health crisis that left Neely in such a vulnerable state.
Judge Wiley\’s forthcoming instructions and the continuation of deliberations indicate that the outcome of this trial remains uncertain. If convicted on the top charge of manslaughter in the second degree, Penny could face up to 15 years in prison. For now, the jury is left to navigate the difficult questions of recklessness, intent, and public safety in a city increasingly grappling with these complex issues.
Sources:
- Court statements from Judge Maxwell Wiley regarding jury deliberations
- Testimony from Ivette Rosario and other witnesses during the trial
- Details from NYPD and incident reports regarding the confrontation
- Background information on Allen charges from the Supreme Court decision in Allen v. United States
- Coverage of recent subway incidents contributing to public fear and safety concerns
- Information on Jordan Neely’s criminal history and mental health status presented during the trial
- Statements from Daniel Penny’s defense regarding his actions and motives
