NEW YORK (AP) — The judge overseeing the trial of a man accused of using a deadly chokehold on an unruly New York subway passenger dismissed the top charge in the case on Friday at prosecutors' request, allowing jurors to consider a lesser count after they deadlocked on whether Daniel Penny was guilty of manslaughter.
Judge Maxwell Wiley's decision will let jurors deliberate a charge of criminally negligent homicide, which carries a lighter punishment.
“Whether that makes any difference or not, I have no idea. But I’m going to direct you to focus your deliberations on count two,” he said, before directing them to “go home and think about something else.”
The judge’s decision came hours after Manhattan jurors sent him a note saying they couldn't agree on a manslaughter verdict. Jurors previously were instructed that they needed to reach a verdict on the top charge before they could consider the lesser count.
Jurors have been deliberating since Tuesday on whether to convict Penny in the death of Jordan Neely. Penny, a former U.S. Marine, placed Neely in a chokehold for about six minutes on a New York City subway in May 2023 after Neely got on the car yelling and asking people for money.
Manslaughter requires proving a defendant recklessly caused another person’s death, and carries up to 15 years. Criminally negligent homicide involves engaging in serious “blameworthy conduct” while not perceiving such a risk and carries punishments ranging from probation to up to four years in prison.
Penny’s lawyers objected to the dismissal, saying it would encourage district attorneys to pursue more serious charges before grand juries, knowing they can seek dismissal of them at trial. Defense lawyer Thomas Kenniff called it a “significant policy concern.”
Shortly before taking a lunch break Friday, the jury also requested clarification on how they determine whether a person reasonably believes physical force to be necessary.
“We’d like to better understand the term ‘reasonable person,’” their note read in part.
Wiley told the jury it was for them to decide what a reasonable person would do in the situation — whether a person would have reasonably believed Neely was about to use physical force against Penny or someone else.
The jury made several other requests to the judge since entering deliberations.
They asked to review the police and bystander video at the center of the trial. They requested a readout of a city medical examiner’s testimony. They also asked the judge to re-read the criminal definitions of recklessness and negligence in open court and be provided with written copies of the statutes.
Neely, 30, was a sometime subway performer with a tragic life story: His mother was killed and stuffed in a suitcase when he was a teenager. His adult life spiraled into homelessness, psychiatric hospitalizations, drug abuse and criminal convictions, including for assaulting people at subway stations.
Penny, 26, went on to study architecture. He is white. Neely was Black.
Penny’s lawyers have said he was protecting himself and other subway passengers from a volatile, mentally ill man who was making alarming remarks and gestures. Prosecutors said Penny reacted far too forcefully to someone he perceived as a peril, not a person.
During the monthlong trial, the anonymous jury heard from witnesses, police, pathologists, a Marine Corps instructor who trained Penny in chokehold techniques, as well as Penny’s relatives, friends and fellow Marines. Penny chose not to testify.
The case became a flashpoint in the nation’s debate over racial injustice and crime, as well as the city’s ongoing struggle to deal with homelessness and mental health crises in a transit system used by millions of New Yorkers every day.
There were sometimes dueling demonstrations outside the courthouse, and high-profile Republican politicians portrayed Penny as a hero while prominent Democrats went to Neely’s funeral.
I happen to agree with the Defense Attorneys. Penny is getting screwed.
Edited: Sorry, it's Daniel Penny, not Joe.
------------------ Rams Learning most of life's lessons the hard way. . You are only young once but, you can be immature indefinitely.
[This message has been edited by blackrams (edited 12-06-2024).]
People wonder why the world is going to hell, yet they prosecute the men who take a stand at the same time. Then they complain that men don't intervene and solve problems. Ironic.
People wonder why the world is going to hell, yet they prosecute the men who take a stand at the same time. Then they complain that men don't intervene and solve problems. Ironic.
No doubt but, all one can do is to do the right thing. Penny is getting screwed. With the judge dismissing the greater charge, the hold outs on the jury will most likely convict. I only hope there's still at least one hold out that hangs the jury. That's precisely why prosecuting attorneys go with multiple charges.
Rams
[This message has been edited by blackrams (edited 12-07-2024).]
I don't even understand how this ended up going to trial. I haven't been paying much attention to it, but it seemed like everyone there was thankful for him restraining the guy (who was threatening to kill people), and were even helping to restrain him. Like... the guy was mentally unwell...
It's just crazy. MAYBE... I can see possibly bringing this to a lesser charge (and being acquitted), but the fact that they were trying to convict him of murder, it's crazy... just crazy.
I don't even understand how this ended up going to trial. I haven't been paying much attention to it, but it seemed like everyone there was thankful for him restraining the guy (who was threatening to kill people), and were even helping to restrain him. Like... the guy was mentally unwell...
It's just crazy. MAYBE... I can see possibly bringing this to a lesser charge (and being acquitted), but the fact that they were trying to convict him of murder, it's crazy... just crazy.
All it takes is a Prosecuting Attorney/DA who wants to make a name for themselves.
Originally posted by bonaduce: And lord knows we have enough of them here in NY
I believe that Prosecutors in NY are elected? Who are/were the big political donors to WOKE Prosecutors?
It seems pretty clear to me this case was never about race.
It was about crazy, violent, threatening behavior. With 40 previous arrests for that same behavior.
Just because Neely the deceased was black doesn't make it about race either.
He's hardly a poster child for black equality.
And yet the NAACP, BLM and others are trying hard to make it so.
A 12-person jury and four alternates were selected and sworn in. They included seven women and five men, with at least seven White people, one Hispanic person, one Filipino person, one Black person and one person of Middle Eastern descent.
Given the length of deliberations, it seems likely that at least one juror was voting to convict. But not for the last vote.
Given the facts, videos and witness statements, how anyone could consider this a racial issue is beyond me. Had the roles been reversed, I don't believe anyone would be claiming a racial injustice in the verdict.
I believe that Prosecutors in NY are elected? Who are/were the big political donors to WOKE Prosecutors?
It seems pretty clear to me this case was never about race.
It was about crazy, violent, threatening behavior. With 40 previous arrests for that same behavior.
Just because Neely the deceased was black doesn't make it about race either.
He's hardly a poster child for black equality.
And yet the NAACP, BLM and others are trying hard to make it so.
A 12-person jury and four alternates were selected and sworn in. They included seven women and five men, with at least seven White people, one Hispanic person, one Filipino person, one Black person and one person of Middle Eastern descent.
Given the length of deliberations, it seems likely that at least one juror was voting to convict. But not for the last vote.
Given the facts, videos and witness statements, how anyone could consider this a racial issue is beyond me. Had the roles been reversed, I don't believe anyone would be claiming a racial injustice in the verdict.
...how anyone could consider this a racial issue is beyond me. Had the roles been reversed, I don't believe anyone would be claiming a racial injustice in the verdict.
It's because of the actual demographics of the persons involved. And because they (still) can. Maybe this BS will change, sometime soon.
Originally posted by blackrams: ... With the judge dismissing the greater charge, the hold outs on the jury will most likely convict.
The radio pundits said that the acquittal happened relatively quickly. Perhaps the jurors saw that the prosecution really didn't have the courage of their convictions (not to be punny). It was kind of like the prosecution sympathized with the "holdouts". The jurors voting to convict realized that they were fighting a (really stupid) losing battle, and realized that the prosecution didn't really much care, anyway, and just said "eff it".
Edit - I realized that I have been quoting you, most of the evening. Great minds...?
[This message has been edited by Raydar (edited 12-10-2024).]
