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Manhattan Judge Maxwell Wiley granted a defense motion to dismiss the manslaughter charge against Daniel Penny late Friday afternoon, Dec. 6, after jurors were unable to reach a verdict on the top count, NBC News reports.
The dismissal came hours after jurors told Wiley they were deadlocked on whether Penny was guilty of second-degree manslaughter and the judge ordered them to continue deliberations.
The 26-year-old Penny, a Long Island resident from West Islip, is charged with manslaughter and criminally negligent homicide in the death of 30-year-old New Jersey native Jordan Neely aboard a Manhattan subway car on May 1, 2023.
Multiple witnesses told NYPD detectives that Neely, a well-known Michael Jackson impersonator from Bayonne, boarded the train and began threatening to kill fellow riders, repeatedly shouting that he didn't want to live anyone.
Penny placed the man in a chokehold for several minutes and he eventually died, according to prosecutors and bystander video. The New York City medical examiner’s office ruled the death a homicide, with prosecutors alleging Neely was in the chokehold for six minutes.
Penny claimed he was trying to protect fellow subway riders and only meant to restrain Neely until police arrived, but prosecutors argued he used too much force for too long.
Video of the incident went viral on social media, sparking nationwide outrage and protests over the decision to not arrest Penny immediately afterward.
Penny is a 2016 graduate of West Islip High School, where he played varsity lacrosse. He later served in the Marine Corps from 2017 to 2021, and was assigned as a rifleman to Camp Lejeune in North Carolina.
Neely had a history of mental illness and had synthetic marijuana, known as K2, in his system at the time of his death, NBC News reports.
Writing about Neely’s death on a GoFundMe page to help his family with memorial expenses, his aunt Carolyn Neely recounted how Neely’s mother was murdered in 2007.
It’s been rough for him and all of us,” she said. “We just want justice for him, please give what you can with your heart. He has so many fans, he will always be loved and remembered.”
With the top count now dismissed, jurors can only consider a reduced charge of criminally negligent homicide, which carries a sentence of up to four years in prison.
The jury – seven women and five men – are expected to resume deliberations on Monday, Dec. 9.
This continues to be a developing story. Check back to Daily Voice for updates.
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