The Jury has not come to a decision on the Daniel Penny choke hold case. Due to the lack of agreement, the judge has dismissed the manslaughter charge. The jurors will however, still consider lesser charges.
Penny is a military veteran who sprung into action when mentally ill homeless man, Jordan Neely had a violent outburst on a New York subway. Neely threatened to kill people on the train, and Penny placed him in a chokehold that ultimately killed Neely.
According to Fox, the manslaughter charge required prosecutors to prove that Penny was acting recklessly when he grabbed Neely. According to trial testimony, Neely was at the time suffering a psychotic episode that made passengers feel threatened.
At first. The judge ruled that jurors could not deliberate the second charge, unless they determined that Penny was guilty on the manslaughter count. The prosecutor asked however if the top charge could be dismissed for lesser charges to be considered, which ultimately the judge went through with.
Over 40 witnesses have testified in the case, initially charging him with second degree manslaughter. Second degree manslaughter is defined as when a person “recklessly” causes the death of another person with conduct that “creates or contributes to a substantial and unjustifiable risk”
Penny also faced criminally negligent homicide, which is a class E felony - defined at as homicide when a person fails to perceive the risks of their actions but goes through with them anyway. This will likely be one of the “lesser” charges he could potentially still be found guilty of.
If found guilty on all counts, Penny would have faced 15 years in prison.
