Judge Drops NYC Subway Chokehold Manslaughter Charge, Lesser Count Remains

Dec. 7, 2024, 5:49 am ET

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30-Second Take

  • Judge dismisses manslaughter charge in NYC subway chokehold death
  • Jury now considering lesser charge of criminally negligent homicide
  • Decision comes after jury deadlock in high-profile case

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Quick Brief

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Essential Context

Judge Maxwell Wiley’s December 6 decision marks a pivotal shift in the trial of Daniel Penny, charged in the May 2023 death of Jordan Neely. After three days of deadlocked deliberations, jurors will now consider a lesser charge carrying a maximum 4-year sentence instead of the original 15-year maximum.

Core Players

  • Daniel Penny (26) – Former U.S. Marine, defendant
  • Jordan Neely (30) – Street performer, deceased
  • Judge Maxwell Wiley – Presiding judge
  • Dafna Yoran – Lead prosecutor
  • Thomas Kenniff – Defense attorney

Key Numbers

  • 6 minutes – Duration of fatal chokehold
  • 15 years – Original maximum sentence possible
  • 4 years – New maximum sentence possible
  • 3 days – Length of initial jury deliberations
  • 30 days – Length of trial proceedings

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The Catalyst

On May 1, 2023, Jordan Neely’s behavior on an F train sparked a confrontation leading to his death by chokehold.

Multiple witnesses reported Neely acting erratically and making threatening statements before Penny’s intervention.

Inside Forces

The jury’s deadlock on the manslaughter charge prompted prosecutors to request its dismissal.

Jurors specifically requested clarification on the legal definition of a “reasonable person” standard.

Power Dynamics

The case has highlighted tensions between public safety concerns and mental health crisis response.

Defense attorneys argue Penny acted to protect fellow passengers, while prosecutors contend he used excessive force.

Outside Impact

The case has sparked nationwide debate about civilian intervention in mental health crises.

Public transit systems across the country are reviewing crisis response protocols.

Future Forces

Jury deliberations resume Monday, December 9, focusing on the criminally negligent homicide charge.

The verdict could influence future cases involving civilian intervention in public spaces.

Data Points

  • May 1, 2023: Initial incident
  • December 3, 2024: Jury deliberations begin
  • December 6, 2024: Manslaughter charge dismissed
  • December 9, 2024: Deliberations resume
  • 30+ witness testimonies during trial

This case continues to challenge legal and social frameworks around public safety, mental health response, and civilian intervention in crisis situations.