Following a controversial decision by Judge Maxwell Wiley to dismiss the second-degree manslaughter charge, the jury in the Daniel Penny case returned to court on Monday to solely consider the lesser charge of criminally negligent homicide. This decision came after the jury twice reported being deadlocked on the manslaughter charge, prompting the prosecution to request its dismissal. The defense opposed this move, arguing it could set a dangerous precedent for overcharging and potentially lead to a coerced verdict. Despite the defense's motion for a mistrial, Judge Wiley directed the jury to proceed with deliberations on the remaining charge.
The judge clarified that the dismissal of the manslaughter charge allows the jury to consider the criminally negligent homicide charge, emphasizing that the court was not directing the jury toward any particular verdict. He reiterated the importance of each juror maintaining their honest view of the case, urging them not to compromise their conscience simply to expedite deliberations. This decision has drawn criticism from legal experts, with some arguing that it violates New York procedural law and could pressure the jury into a conviction.
Daniel Penny arrives at Manhattan Criminal Court. (Adam Gray for Fox News Digital)
Screenshot from bystander video of the incident. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
Jordan Neely in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)
The case stems from a May 1, 2023 incident where Penny, a former Marine, restrained Jordan Neely, a homeless man, on a subway train after Neely began behaving erratically and making threats. The incident ended with Neely's death, leading to Penny being charged. Protests both supporting and opposing Penny took place outside the courthouse, with some audible inside, adding another layer of complexity to the proceedings. The defense raised concerns about the potential impact of these protests on the jury.
Prosecutor Dafna Yoran. (Julia Bonavita/Fox News Digital)
Witnesses testified about the chaotic scene on the subway, with some expressing relief at Penny's intervention. Penny cooperated with authorities following the incident and explained his actions. The context of prior subway incidents, including stabbings and assaults, has also been highlighted. A defense fundraiser has raised millions of dollars in support of Penny. He faces up to four years in prison if convicted on the remaining charge. A civil lawsuit has also been filed against Penny by Neely's father.
Jordan Neely's father, Andre Zachary. (Rashid Umar Abbasi for Fox News Digital)
