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Judge in Daniel Penny Trial Drops Manslaughter Count After Jury Deadlock

Jurors twice reported Friday they could not reach unanimous verdicts on Penny's charge of second-degree manslaughter.

Judge in Daniel Penny Trial Drops Manslaughter Count After Jury Deadlock Image Credit: Michael M. Santiago/Getty Images
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A New York City judge overseeing the trial of former Marine Daniel Penny agreed to drop a manslaughter charge in the subway choking death of Jordan Neely after the jury deadlocked twice during deliberations.

On Friday, jurors twice reported they could not reach unanimous verdicts on Penny’s charge of manslaughter in the second degree, prompting Assistant Manhattan District Attorney Dafna Yoran to request the judge toss the charge.

New York law states “a person is guilty of Manslaughter in the Second Degree when that person recklessly causes the death of another person.”

Social media users on X celebrated the dismissal of the manslaughter charge.

Penny is on trial for restraining Neely on a New York City subway train with a chokehold that led to his death after the man was reportedly threatening other passengers.

The court will reconvene on Monday for jurors to deliberate a second lesser charge of criminally negligent homicide.



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