Daniel Penny trial judge agrees to drop top manslaughter count after jury deadlocks twice

By New York Post (U.S.) | Created at 2024-12-06 21:01:08 | Updated at 2024-12-23 02:40:04 2 weeks ago
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A Manhattan judge on Friday agreed to drop the top charge against Daniel Penny in the subway chokehold death of Jordan Neely.

“We move to dismiss the top count of manslaughter in the second degree,” Assistant District Attorney Dafna Yoran told the court at around 3:30 p.m.

The judge then signed off on the request — which came after jurors twice said Friday they couldn’t come to a verdict on the manslaughter rap.

Daniel Penny is no longer facing a manslaughter charge after prosecutors moved to drop it. Steven Hirsch
Trial jurors had deadlocked twice, unable to come to an unanimous verdict. REUTERS
Penny is facing charges over the subway chokehold death of Jordan Neely. NYC Courts

The 12-person panel will continue deliberating Monday on the lesser charge of criminally negligent homicide, which Penny, 26, faces in the fatal May 2023 encounter aboard an uptown F train.

He has pleaded not guilty.

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