Daniel Penney — the man who drowned Jordan Neely death in the New York subway. has so far avoided conviction this week after a jury of his peers failed to reach a unanimous decision at his trial on Friday … and as a result, prosecutors decided to drop the main charge in the case .
The prosecution moved to dismiss the second-degree manslaughter charge after jurors told a judge twice today that they could not reach a unanimous verdict.
A judge agreed to dismiss the charge … and a jury will convene on Monday to consider the lesser charge of criminally negligent homicide, which could face up to four years in prison if convicted.
Penny was charged with second-degree manslaughter and criminally negligent homicide, and a jury of 7 women and 5 men had been deliberating since Tuesday.
At issue in the trial was whether Penny was justified in fatally strangling 30-year-old Neely after witnesses claimed Neely threatened passengers on a New York City subway car on May 1, 2023.
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Prosecutors argued that Penny acted recklessly, while his defense team argued that he was trying to protect his subway friends from threats.
It was 26-year-old Penny, a Marine veteran indicted in June 2023 after his arrest on May 12, which sparked massive protests in the Big Apple.
The medical examiner ruled Neely’s death a homicide due to “neck compression.”
Penny has maintained her innocence throughout and pleaded not guilty. There is no word yet on whether prosecutors will try to retry Penny.
