Judge drops manslaughter charge in New York subway strangulation death trial

A New York judge on Friday granted a motion to dismiss a second-degree murder charge against Daniel Penny.

Penny, a former Marine, was originally charged with involuntary manslaughter and criminally negligent homicide in the death of a street performer on the New York subway.

The judge’s decision means the jury in the case will now consider only the charge of criminally negligent homicide.

Penny’s lawyers had asked for a mistrial, while prosecutors had asked the judge to dismiss the involuntary manslaughter charge so the jury would not risk a compromise verdict.

The jury will now return Monday to continue their work toward a verdict.

The decision comes after the jury told the court it was unable to reach a unanimous verdict on both charges on Friday.

Despite the defense’s objections, the judge issued what is known as the Allen charge, informing the jury that they should continue trying to reach a verdict.

Penny claimed she was defending other passengers on the subway in May 2023 when she strangled Jordan Neely. The Michael Jackson impersonator was apparently acting erratically and shouting that he was hungry and was ready to die, kill or go to jail.

During the trial, prosecutors argued that Penny acted recklessly by strangling Neely for about six minutes.

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“You obviously can’t kill someone because they’re crazy, ranting and looking threatening, no matter what they say,” Manhattan Assistant District Attorney Dafna Yoran told jurors on Monday, according to The Associated Press.

Penny, 26, did not testify during the trial. However, his defense team argued that the former Marine’s only intention was to subdue Neely until police arrived.

The case sparked a national debate as communities grapple with issues of homelessness, public safety and vigilantism.

Following Neely’s death, demonstrations broke out across New York City and activists demanded justice. At the same time, Penny garnered significant public support and raised millions for her legal defense fund.

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