Will Daniel Penny’s trial end in a mistrial or will the jurors proceed with considering the second charge in Jordan Neely’s killing?
The trial of Daniel Penny in Manhattan has reached a standstill as jurors are unable to reach a unanimous decision on whether he is guilty of manslaughter in the choking death of a subway passenger. The case has become emblematic of New York City’s challenges in the aftermath of the pandemic.
The jury, comprised of seven women and five men, sent a note to Judge Maxwell T. Wiley expressing their inability to come to a consensus on the manslaughter charge. Prosecutors allege that Penny, a 26-year-old former Marine, choked Jordan Neely, a 30-year-old man with mental health issues, to death during an altercation on a subway train in May 2023.
Judge Wiley must determine if the jury can move on to consider the second charge of criminally negligent homicide if they cannot reach a verdict on manslaughter. Defense attorney Thomas A. Kenniff argued that the jury should not proceed to the second charge if they cannot agree on the first.
Assistant District Attorney Dafna Yoran disagreed, stating that it would be unreasonable to have a hung jury simply because they cannot deliberate on the second count. Judge Wiley requested the parties to confer before bringing the jury back into the courtroom for further instructions.
The trial’s outcome remains uncertain as the jury struggles to reach a decision, highlighting the complexities of the case and the challenges faced by the legal system in the wake of the pandemic.
Source: The NY Times
