Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Judge dismisses manslaughter charge against Daniel Penny in subway chokehold trial
By
Charles Lane
and
Ann Givens
Published Dec 6, 2024
Modified Dec 6, 2024
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Photo by Michael M. Santiago/Getty Images
By
Charles Lane
and
Ann Givens
Published Dec 6, 2024
Modified Dec 6, 2024
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A judge has dismissed the manslaughter charge against Daniel Penny, who is accused of choking a man to death on an uptown F train last year.
Penny still faces a lesser charge of criminally negligent homicide. That crime is punishable by up to four years in prison.
The judge’s decision came after jurors Friday sent two notes saying they could not agree on whether Daniel Penny is guilty of manslaughter, the top charge against him in the death of Jordan Neely.
It was prosecutors who asked Judge Maxwell Wiley to dismiss the top count. Penny’s defense lawyers objected, saying to do so could compromise the verdict.
Penny is charged with putting Neely, a former Michael Jackson impersonator with schizophrenia, into a chokehold that prosecutors and the city medical examiner says led to Neely’s death.
The jury has been deliberating since Tuesday afternoon.
Witnesses to the May 1, 2023 incident say Neely started yelling threats after he boarded the train. Penny held Neely in a chokehold on the floor of the subway for about six minutes, according to evidence presented at trial. Neely was pronounced dead soon after.
The trial, which began in late October, focused on whether Penny caused Neely’s death by holding him in a chokehold for as long as he did — and whether his actions were justified.
Prosecutors argued Penny went “way too far” and held onto Neely’s neck for longer than he needed to, killing him. Penny’s attorneys say Penny was trying to protect himself and fellow passengers and argued that his actions may not have directly caused Neely’s death.
A passenger on the train that day recorded several minutes of the encounter, and his video went viral, sparking polarized reactions from people across the city and country. Some — including conservative lawmakers and celebrities — saw Penny as a hero and donated more than $3 million to his legal defense fund. Others condemned Penny as a vigilante and flooded subway platforms to protest his actions.
After jurors sent Wiley their first note saying they could not reach a unanimous decision on the manslaughter charge, the defense moved for a mistrial. Penny’s lawyers argued that pressuring the jurors to reach consensus after they said they couldn’t would be coercive. The lawyers added that the case is not factually complicated.
“I disagree that the facts aren’t complicated,” Wiley said. “It is a very factually complicated case.”
Wiley then called the jurors back and urged them to look at the case with fresh perspective.
One juror reacted strongly to this, shaking his head in disgust multiple times.
Jurors then quickly sent another asking for the definition of “reasonable person.” The judge told the jurors that it was up to them to decide what a “reasonable person” is.
After three more hours, the jurors returned with another note saying they couldn’t reach a consensus. Prosecutors then told the judge they were considering dismissing the manslaughter charge.
Penny’s lawyers left the courtroom smiling. Neely’s father, Andre Zachery, walked out slowly, with heavy steps and a fatigued face.
After a short recess, prosecutors returned and moved to dismiss the manslaughter charge. The judge agreed and sent the jury home for the weekend to consider only the lesser charge.
Tagged
criminal justice
public safety
nypd
courts
transportation
manhattan district attorney's office
Charles Lane
Charles is a Day-of reporter focused on breaking news and enterprise. He’s very friendly and can be reached at [email protected], or more securely on whatsapp/signal 631-295-6715
Read more
Ann Givens
Ann Givens is the Public Safety Editor at Gothamist and WNYC. Got a tip? Email: [email protected] or reach Ann on Signal at 917-434-0736.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Central Park birders, others remember 63-year-old woman killed in park
People who said they knew her described her as an artist and a familiar presence in the Ramble.
By
Charles Lane
Published Sep 28, 2026 at 7:04 p.m. ET
Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says
It's the latest in a string of hit-and-run deaths in the city in recent months.
By
Liam Quigley
News
Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says
It's the latest in a string of hit-and-run deaths in the city in recent months.
By
Liam Quigley
New ingredient mandated for Latin American kitchen, restaurant plates in NJ
By
Arya Sundaram
A Brooklyn jail cell filled with smoke. The emergency button failed, a lawyer said.
By
Samantha Max
Crews launch tunnel machines to dig first new Hudson River rail tunnels since 1910
By
Michael Sol Warren
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .