Marine Veteran’s Trial Takes a Turn as Judge Dismisses Manslaughter Charge
The trial of Marine veteran Daniel Penny took a surprising turn on Friday when Judge Maxwell Wiley dismissed the most serious charge against him, second-degree manslaughter. This decision came after the jurors informed the court twice that they were deadlocked on the issue. As a result, the jurors will now only consider the lesser charge of criminally negligent homicide when they return to court on Monday.
Controversial Decision to Dismiss Manslaughter Charge
The defense had opposed the last-minute charge swap, arguing that it violated state laws and could set a dangerous precedent for prosecutors. They claimed that this tactic allows prosecutors to overcharge initially, knowing they can downgrade the charges later if their case weakens.
While Judge Wiley acknowledged that the defense was correct in their interpretation of the law, he decided to “take a chance” and dismiss the top charge. This decision was met with mixed reactions, with Penny’s defense attorneys cautiously optimistic that the remaining charge would also be dismissed by the jury on Monday.
Background of the Case
Daniel Penny, a 26-year-old Marine veteran and architecture student, encountered Jordan Neely, a 30-year-old homeless man with schizophrenia and under the influence of drugs, on a New York City subway train in May 2023. Neely began shouting threats at passengers, causing panic among the riders.
Witnesses testified that they were horrified during the ordeal and relieved when Penny intervened. He placed Neely in a headlock and wrestled him to the ground, where he and other passengers held him down for several minutes until the authorities arrived. Penny remained at the scene and cooperated with the responding officers and later spoke with NYPD detectives.
The Context of Subway Violence
The subway incident involving Penny and Neely occurred against a backdrop of increasing subway violence in New York City. In the year leading up to their encounter, there were numerous incidents, including shoving, stabbings, and assaults on subway riders. These incidents contributed to the tense atmosphere on public transportation and likely influenced the reactions of both Penny and the witnesses.
Controversy Surrounding the Judge’s Ruling
Legal experts have raised concerns about Judge Wiley’s decision to dismiss the manslaughter charge at this stage of the trial. They argue that it violates New York procedural law, which typically requires both sides to agree on a dismissal during deliberations. In this case, the defense did not agree with the dismissal.
Critics argue that continuing with the trial instead of declaring a mistrial may pressure the jury into reaching a conviction. Andrew McCarthy, a former Chief Assistant U.S. Attorney for the Southern District of New York, expressed his belief that Judge Wiley should have declared a mistrial and that continuing the trial may violate New York criminal-procedure law.
Support for Daniel Penny
Throughout the trial, Daniel Penny has received significant support from people across the country. A defense fundraiser on GiveSendGo has raised over $3 million in donations. Small-dollar contributions continue to pour in as the jury deliberates. Additionally, Neely’s father has announced a civil lawsuit against Penny, adding another layer of complexity to the case.
Looking Ahead
As the jury reconvenes on Monday, all eyes are on the remaining charge of criminally negligent homicide. If convicted, Penny faces a maximum sentence of four years in prison. The outcome of this trial will have far-reaching implications, not only for Penny but also for the discussion surrounding self-defense and the use of force in public spaces.
