Jury Deadlocked in Daniel Penny Subway Killing Trial: Judge Orders More Deliberations

The fate of Daniel Penny, the former US Marine charged in the fatal chokehold death of Jordan Neely on a New York City subway, remains uncertain as the jury deliberates his future. After 16 hours of intense discussions, jurors in Manhattan told the court they were deadlocked on the manslaughter charge. Despite defense requests for a mistrial, Judge Maxwell Wiley instructed the jury to keep deliberating.

“It’s not time for a mistrial,” the judge firmly told Penny’s defense team, rejecting their objections. The jury’s continued deadlock comes after four days of deliberations following the trial’s conclusion on Tuesday.

Penny, 26, is facing second-degree manslaughter and criminally negligent homicide charges in connection with Neely’s death on May 1, 2023. Neely, a 30-year-old street artist struggling with mental illness and homelessness, entered a subway car, yelling at passengers about his hunger and suicidal thoughts. What followed was a confrontation that would spark nationwide debates over race, mental health, and self-defense.

In a viral video captured by bystanders, Penny can be seen placing Neely in a chokehold, restraining him for several minutes. When the authorities arrived, Neely was unresponsive. Penny maintains that he acted in self-defense, claiming he was preventing harm to others.

“I wasn’t trying to injure him,” Penny told police. “I’m just trying to keep him from hurting anybody else. He was threatening.”

However, prosecutors argue Penny’s actions were reckless, pointing to the duration of the chokehold even after Neely stopped moving. They contend that Penny exceeded reasonable force, turning an act of protection into a fatal mistake.

The jury’s struggles reflect the difficulty in balancing legal interpretations of “reasonable force.” They have requested clarification on what constitutes the actions of a “reasonable person” under the law. “Ultimately, what a reasonable person is, is up to you to decide,” Judge Wiley told them in response.

The trial has drawn fierce reactions, dividing the city and the nation. Penny’s supporters argue he acted heroically, while others accuse him of acting as a vigilante, taking justice into his own hands. The tragic event has become a flashpoint for broader discussions about mental health services, public safety, and racial dynamics, especially with Neely being Black. Black Lives Matter activists have rallied outside the courthouse, echoing demands for justice for Neely.

“We are here today because the defendant used way too much force for way too long in way too reckless of a manner,” prosecutor Dafna Yoran argued during her closing statements.

In contrast, Penny’s defense attorney, Steven Raiser, painted a different picture, emphasizing the chaotic nature of the encounter. “Neely was on a collision course with himself,” Raiser argued. “Penny acted when others could not.”

The jury has asked to review crucial video evidence again, with some jurors expressing doubts about the medical testimony. Experts for the defense have cast doubt on the official cause of death, suggesting that Neely’s underlying medical conditions, including sickle cell anemia and drug intoxication, may have played a role.

The defense also presented testimony from a former Marine Corps martial arts instructor, who said Penny was trained to use chokeholds but should have been aware of their potential lethality.

As the jury continues to deliberate, the stakes could not be higher. If convicted of manslaughter, Penny faces up to 15 years in prison. If convicted of criminally negligent homicide, he could serve up to four years. However, the judge could also decide not to impose prison time.

Meanwhile, Neely’s family is pursuing legal action outside of the criminal trial. Andre Zachery, Neely’s father, has filed a civil lawsuit accusing Penny of assault, battery, and negligence. The suit does not specify a monetary amount, but the legal battle is just beginning.

The tension surrounding this case is palpable, with both sides claiming to seek justice, but with vastly different interpretations of what justice looks like. As the jury wrestles with the weight of their decision, the eyes of the nation remain fixed on New York City, waiting for a resolution that could shape the future of public safety and the meaning of self-defense.