Topline

The judge in ex-Marine Daniel Penny’s manslaughter trial allowed New York jurors to move on from deliberating Penny’s manslaughter charge, essentially dismissing it and letting them vote on his less severe charge, after jurors were “unable” to make a decision Friday in a politically divisive case that has drawn widespread controversy after Penny used a chokehold on a homeless Black man on a New York City subway car in 2023.

Key Facts

Key Background

The event—found initially through the video’s viral spread online—ignited protests and became polarizing, especially in the days before Penny was charged. Civil rights activists and advocates for those struggling with homelessness demanded action against Penny. Rep. Alexandria Ocasio-Cortez described the situation in an X post as murder, saying people shouldn’t “look the other way.” Meanwhile, conservatives like Florida Gov. Ron DeSantis, Vivek Ramaswamy and Kid Rock have deemed Penny a “good samaritan” and a hero practicing self-defense. Defenders of Penny have also donated more than $3 million collectively through a conservative fundraising website for Penny’s legal expenses. New York City Mayor Eric Adams described the case on 710 WOR’s “The Rob Astorino Show” on Nov. 30 as “multi-faceted” problem related to a “mental health crisis.”

Chief Critic

Moses Harper, an acquaintance with Neely, told CNN in May that Neely fought mental illness throughout his life and experienced trauma from the death of his mother, who was murdered in 2007. Neely was highly listed on a New York City watch list maintained by city officials and social service organizations for struggling individuals and had an arrest warrant out in his name when he boarded the subway train. Juan Alberto Vazquez, who was on the train with Penny and Neely in May, told CNN that Neely was disturbing the train, shouting that he had no food and didn’t care if he died, but did not seem to have any weapons.

Crucial Quote

“I do want to acknowledge how horrific it was to view a video of Jordan Neely being killed for being a passenger on the subway trains. There had to be consequences, and so we’ll see how this unfolds. But his family deserves justice,” New York Governor Kathy Hochul said to reporters in May.

Tangent

In the midst of jury deliberations, Neely’s father added another potential legal challenge for Penny. Andre Zachary filed a pending civil lawsuit against Penny in the New York Supreme Court on Wednesday, seeking damages and alleging Penny committed assault and battery against Neely. Steven Raiser, Penny’s attorney, shared a statement with the Associated Press on Thursday calling the lawsuit “unfortunate” because “Danny is awaiting a verdict from the jury where the potential consequences are far greater than any civil suit could threaten,” adding that it is an “attempt to attack Danny while he is under such tremendous stress.”

Further Reading

NytimesAt Daniel Penny's Trial, Passengers Describe Harrowing F Train Ride NytimesRelatives of Subway Choking Victim Must Relive His Death Daily