The judge agrees to drop involuntary manslaughter charges against Daniel Penny in connection with the death of Jordan Neely

The highest criminal charge against Daniel Penny was dismissed Friday in connection with the 2023 death of Jordan Neely. Prosecutors argued in court that this was due to Penny over-cuffing Neely on a New York subway. The dismissal, reported by NBC News, came during jury deliberations when jurors told the judge they could not agree on the charge and prosecutors moved to dismiss the charge, meaning the jury will now hear a lesser charge of involuntary manslaughter can consider.

The dismissal is a victory for Penny, but the jury has not yet decided on the remaining lesser charge. The jury will resume deliberations on Monday.

Penny had pleaded not guilty to second-degree manslaughter and involuntary manslaughter in the case that focused on issues of race, public safety, mental health and vigilantism in the city. The manslaughter charge alleged that Penny, a white Marine veteran in his 20s, recklessly caused the death of Neely, a 30-year-old homeless black man, while the second charge alleged that Penny, a white Marine veteran in his mid-20s, caused Neely’s death through criminal negligence to have caused.

The New York Times reported the matter:

Penny’s defense attorney argued that the chokehold did not kill Neely and claimed Neely’s health problems and drug use led to his death. The state argued that while Penny’s initial actions were laudable, he violated the law by continuing to detain Neely after Neely no longer posed a threat. Penny was unaware that Neely was also a human being whose life needed to be protected, the prosecutor told jurors.

This is a developing story. Check back for updates.

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