Daniel Penny is one step closer to freedom after a judge dismissed the top manslaughter charge against him on Friday – but he must return to court next week to face lesser charges.
Penny, a Marine veteran, was charged with manslaughter for stepping in when Jordan Neely, a mentally ill homeless man, threatened subway passengers on an F train in New York City in May 2023.
The 24-year-old placed Neely, 30, in a chokehold on the train car floor, holding him there until police arrived. The subway performer known for his Michael Jackson impersonations was declared dead in the hospital and Penny was then charged.
He was vilified as a racist vigilante and lampooned by liberals. But many others took his side, heralding him a hero of a lawless city who did what no one else was prepared to do.
The jury of 12 New Yorkers were forensic with the evidence, poring over testimony transcripts and watching bodycam footage from the day in question multiple times.
But today, they announced they had failed to come to a unanimous verdict for a second time on the key charge of second degree manslaughter. They had deliberated for four days.
Rather than declaring a mistrial, the judge agreed to an unorthodox request from the prosecution – the top charge was dropped, and the jury has been told to come back next week to focus on count two: criminally negligent homicide. Pen
Exclusive:Top lawyer tears into Danny Penny judge for a 'blatant miscarriage of justice' over shock courtroom move that 'robs former Marine of being fully acquitted'
A criminal defense attorney has blasted the move by Judge Maxwell Wiley to dismiss the manslaughter charge against Daniel Penny as being a ‘miscarriage of justice’.
New York based lawyer Jonna Spilbor told DailyMail.com that the legal move had robbed Penny of having a chance of being exonerated.
She said: ‘The judge’s decision to let prosecutors dismiss the manslaughter charge and force the jury to deliberate on criminal negligence after a deadlock is a blatant miscarriage of justice.
‘It effectively takes an acquittal off the table, robbing Daniel Penny of a fair shot at being fully exonerated.
‘A hung jury means the prosecution failed to meet its burden of proof on the top count. And here, the jury was specifically instructed it was only permitted to find Penny guilty of one or the other, if at all.
Spilbor continued: ‘This isn’t justice—it’s a tactical maneuver that undermines the jury’s role and the principle of reasonable doubt.
‘Justice is about fairness, not helping prosecutors save face after a failed case, a case that never should have been brought at all.
‘If Penny is convicted of anything, the “city that never sleeps” will quickly become a city of sitting ducks.’
Penny could still face prison time
Criminally negligent homicide carries punishments ranging from probation to up to four years in prison.
It involves engaging in serious ‘blameworthy conduct’ while not perceiving such a risk.
He is seen arriving in court below on Friday.
Judge agrees to drop manslaughter charge
‘I’ll take a chance and grant the people’s application,’ Judge Wiley said after the prosecution asked to dismiss the manslaughter charge against Penny because jurors could not agree on a verdict.
The judge added:’Normally the distinction between the two counts is very clear. The justification adds another element to it which is at play here.’
Jurors would now have to deliberate on the second charge against the veteran – negligent homicide, which has punishment up to four years.
Penny’s lawyer had opposed the prosecution motion, saying ‘This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion.’
The judge told the jury: ‘Manslaughter is dismissed.
‘What that means is you’re now free to consider count two. Whether that makes any difference or not I have no idea. I’ll direct you to focus deliberations on count two. You’ll render verdict on that one. Count one is no longer for your consideration.’
Conservative X users express support for Penny
Judge accused of allowing illegal request
Penny's lawyers blasted 'desperate' prosecutors for rare jury request and 'bully' tactics
The district attorney’s office succesfully made the rare request to dismiss the manslaughter charge for a chance at convicting Penny on negligent homicide.
The prosecutors are determined to land a conviction of either of the charges, so much so that reps from the Manhattan District Attorney’s office has been contacting journalists reporting on case to try to influence coverage of the proceedings.
Jordan Neely's relative reacts to dismissal of manslaughter charge
‘They picked a white supremacist jury specialist to target the racists in that jury…the defense was eliminating people based on race,’ claimed the relative.
The jury in Penny’s trial has four people of color in it.
Jury was shown video of him telling cops why he put 'crackhead' in chokehold on subway
Disturbing Daniel Penny posters plastered across New York subway car as trial verdict loomed
Early Thursday morning an ‘autonomous group of New Yorkers reclaimed an F train car’ – the same subway line that Jordan Neely was killed on by the Marine Corp veteran on May 1, 2023.
The black-and-white signs displayed the words ‘A MAN WAS LYNCHED HERE’ along with Neely’s name, as they replaced previous ads on the train.
Prosecutor Dafna Yoran's breathtaking 'hypocrisy' revealed
Assistant Manhattan DA Dafna Yoran has asked jurors to convict the marine veteran of manslaughter over the subway chokehold death of Jordan Neely, despite previously pushing for ‘restorative justice’ for criminals.
Jurors are sent home until next week
The jury has been sent home for the week.
They are expected to continue deliberating on the charge of negligent homicide on Monday.
Jordan Neely had a history of mental health issues, drug addiction
Neely, 30, was a famous Michael Jackson impersonator and often seen across the city dancing in a red Thriller leather jacket and the popstar’s quintessential loafers.
According to his family, he suffered from autism and schizophrenia and was permanently scarred by the murder of his mother, Christine Neely, in 2007.
He was arrested 42 times in the last decade of his life.
Outrage over judge's decision to drop manslaughter charge
Penny’s supporters are expressing outrage online that judge Willey allowed the prosecution’s request to drop the manslaughter charge.
The defense was asking for a new trial after jurors could not agree on count 1.
What is manslaughter?
Manslaughter requires proving a defendant recklessly caused another person’s death, and carries up to 15 years.
Criminally negligent homicide, which carries punishments ranging from probation to up to four years in prison, involves engaging in serious ‘blameworthy conduct’ while not perceiving such a risk.
The jury could not come to an unanimous decision on whether Penny was guilty or not of manslaughter.
Prosecutor requests to drop manslaughter charge
Assistant District Attorney Dafna Yoran has asked the judge to dismiss the manslaughter charge against Penny so the trial can go on delibarating on the second charge, of negligent homicide.
Penny’s lawyers have opposed the move, saying this would be ‘elbowing the jury, coercing them.’
Yoran is illustrated below in court on December 2.
Jurors have been deliberating since Tuesday
The Manhattan jurors have been deliberating since Tuesday on whether to convict Daniel Penny in the death of Jordan Neely, who the Marine veteran held in a chokehold for about six minutes on a New York City subway on May 1, 2023.
The panelists sent Judge Maxwell Wiley a note in the morning stating they were unable to agree on a verdict on the manslaughter charge.
Wiley then read them what’s known as an Allen charge — an instruction urging them to make every possible effort to reach a verdict.
As he pressed the jurors to continue, Wiley commended them for being “very conscientious in your deliberations,” noting that it’s not uncommon to have difficulties in reaching a verdict.
The jury then came back again, saying they are unable to vote unanimously.
Meghan McCain expresses outrage over Penny trial
NYC Mayor defends Daniel Penny
Among Penny’s supporters was New York City Mayor Eric Adams.
In a shock intervention this weekend, before the trial was reached, Adams spoke out to criticize the media for how they presented Neely.
He also praised Penny for his actions, and slammed the New York City systems that allowed Neely, who was mentally ill and violent, to walk free.
Jury cannot reach verdict on key manslaughter charge
The jury cannot reach a verdict on the most important charge – second degree manslaughter.
Now, prosecutors have asked if they can dismiss the charge and have the jury focus solely on the lesser charge of criminally negligent homicide.
Penny’s lawyers are asking for a mistrial.
They say the prosecution’s request is a desperate last-ditch effort to get any charges to stick.
Who is Daniel Penny?
The Long Island native was 24 years old when he had the fatal encounter with troubled former Michael Jackson impersonator, Jordan Neely, on an F train in Manhattan in May, 2023.
Penny, a star Lacrosse player in high school, grew up in West Islip in southern Long Island with his three sisters and parents.
Those who knew him have described a good kid who was always eager to help those around him.
Penny’s military service, which included two deployments, earned him various ribbons and awards, and he reached the rank of sergeant before leaving active duty in 2021.
Prosecutors showed the jury shocking evidence in closing arguments
Assistant District Attorney Dafna Yoran on Tuesday displayed a graphic photo of inside Neely’s eye, taken during an autopsy after his death, which shocked the room.
The image was blasted across four screens – two facing the jury, a third facing the viewing gallery and a fourth directly in front of the defendant.
Meanwhile Penny’s lawyer tore into the prosecution after journalists were peppered with emails from the DA’s office ordering them to include certain details in their stories.
In his closing arguments defense attorney Steven Raiser pointed out no expert witness during the trial could prove key elements beyond reasonable doubt.
Everything we know about NYC chokehold case
Neely’s death on the subway car last spring sparked racial tensions in the Big Apple as groups such as Black Lives Matter sought to paint Penny as an overzealous, white ex-Marine targeting an innocent black man.
However, the national attention on the trial has also seen many conservatives question why Penny was even charged.
Penny was charged with manslaughter and criminally negligent homicide. He faces up to 15 years in prison.
