On Friday, December 6th, a judge in the New York area agreed to dismiss the more serious charge of manslaughter against Daniel Penny, a former Marine Corps member, in the New York subway chokehold case.
Penny, 25, was charged with second-degree manslaughter for using a chokehold on street performer Jordan Neely in the New York subway in May 2023 to prevent harm to other passengers, resulting in Neely’s death.
Around 3:30 pm on Friday, Manhattan Assistant District Attorney Dafna Yoran told the court, “We have decided to dismiss the top charge of second-degree manslaughter.”
Judge Maxwell Wiley subsequently approved the prosecution’s request. The jury had twice that day indicated that they were unable to reach a verdict on the second-degree manslaughter charge against Penny.
The 12-member jury panel will continue deliberating on the remaining charge – the lighter charge of criminally negligent homicide – next Monday.
Penny has maintained his innocence and pleaded not guilty to the charges.