The trial of Daniel Penny, the Marine veteran charged in the subway strangling death of Jordan Neely, may force a grieving family to seek justice on their own. According to CBS News, a Manhattan judge dismissed the second-degree manslaughter charge against Penny on Friday after jurors twice declared they were unable to reach a unanimous decision.
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Meanwhile, as deliberations on a lesser charge continue, The Guardian reports that Neely’s father, Andre Zachary, has filed a civil lawsuit against Penny, accusing him of negligence and assault and battery.
Manslaughter Charge Dismissed Amid Jury Deadlock
How predictable of the US Justice system! Previously reported by BOSSIP, we explained that this was a story about “a white man, Daniel Penny, applying a chokehold for so long that Neely eventually stopped breathing and died in front of a train car of commuters.”
This case has continued to have viewers reeling, and with this update..is there truly closure?
CBS News states that jurors deliberating Penny’s fate informed the judge twice on Friday that they were deadlocked on the manslaughter charge. Despite being ordered to continue, the jury failed to reach an agreement, prompting the judge to dismiss the charge.
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The dismissal now allows the jury to focus on the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years. Penny had faced up to 15 years if convicted of manslaughter.
In CBS, Jurors requested to review key pieces of evidence during their deliberations. This included bodycam footage, Penny’s police station interview, and testimony from New York City Medical Examiner Dr. Cynthia Harris, who determined Neely’s cause of death was “compression of the neck.” Jurors also sought clarification on legal definitions of terms such as “recklessness” and “negligence.”
Civil Suit Filed by Jordan Neely’s Father
Jordan Neely’s father, Andre Zachary, filed a civil lawsuit on Wednesday in New York Supreme Court. According to The Guardian, the lawsuit accuses Penny of negligence and assault and battery, alleging that Penny’s actions on May 1, 2023, directly caused the death of his 30-year-old son.
Zachary is seeking damages exceeding the jurisdictional limits of lower courts.
“Jordan’s death was preventable and unnecessary,” the lawsuit claims, adding that Penny’s actions were reckless and unjustified.
In response, Penny’s lawyer, Steven Raiser, dismissed the lawsuit as a distraction.
“The timing is unfortunate as Danny is awaiting a verdict from the jury where the potential consequences are far greater than any civil suit could threaten,” Raiser said in a statement reported by The Guardian. “We will not be distracted by this attempt to attack Danny while he is under such tremendous stress.”
Prosecution and Defense Spar Over Cause of Death
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The prosecution argues that Penny held Neely in a chokehold for six minutes, which was reckless and ultimately caused his death. They claim that while Penny may have intended to protect passengers, his actions went too far.
The defense, however, disputes this narrative, claiming that Neely’s death was caused by a combination of synthetic marijuana (K2), schizophrenia, and a genetic condition. CBS News also reports that a defense witness challenged the medical examiner’s findings, arguing the chokehold was not the primary cause of death.
Penny, who has pleaded not guilty, testified that he was trying to protect other subway riders. In the Guardian, witnesses stated that Neely, who was Black, had been shouting erratically, claiming he was “willing to die, willing to go to jail, or willing to kill someone.”
Broader Implications
This case has created nationwide debates on race relations, mental illness, homelessness, and public safety. The racial dynamics between Penny, a White Marine veteran, and Neely, a Black homeless man, have further fueled public scrutiny.
As deliberations on the criminal trial continue, and with the civil lawsuit just beginning, the legal and social ramifications of this case are far from over.
It can’t be.
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