In a pivotal move, Judge Maxwell Wiley has thrown out the second-degree manslaughter charge against Daniel Penny, the former Marine accused of fatally choking a homeless man on a New York subway.
Judge Wiley has dismissed the second-degree manslaughter charge, which was count on in Daniel Penny's trial, according to NBC's Steven Bognar.
However, jurors will still deliberate on the second count, which is the criminally negligent homicide charge .
The judge announced that the jury will be dismissed for the day.
"Count 1 is no longer for your consideration", Judge Wiley disclosed, according to Bognar. "You may consider count 2. But not today. I will let you go home. Think about something else. Have a good weekend."
On May 1, 2023, thirty-year-old street artist Jordan Neely – who struggled with mental illness, drug addiction and homelessness – boarded a subway in New York City. He began to act volatile, yelling at passengers, claiming he didn't care if he lived or died, according to witnesses, CNN reported.
His erratic behavior prompted fellow passenger Penny to grab Neely from behind and place him in a nearly six-minute chokehold recorded on cell phone video by witnesses, according to NewsNation.
Over the course of the seven-week trial, the jury heard testimony from passengers, police officers, and medical experts.
During closing arguments Monday, Penny's lawyers urged jurors to consider themselves in his position on the train. They characterized the manslaughter and criminally negligent homicide charges as a rush to judgment influenced by protests and media pressure, rather than by the evidence.
Prosecutors, while acknowledging Penny was justified in using some physical force, argued he went too far by maintaining the chokehold even after the train stopped and passengers disembarked.
