Jurors returned a verdict in Daniel Penny's trial Monday, convicting the Marine Corps veteran. innocence Criminally negligent homicide.
Penny, 26, has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, 30, a homeless man with schizophrenia. In May 2023, Penny put Neely in a chokehold on a New York City subway train after he threatened to kill her.
“If you were to take a train next time, who would you like to go with?”
On Friday, a judge dismissed the manslaughter charge after the 12-member jury, made up of seven women and five men, twice indicated they could not reach a unanimous verdict. The jury was not allowed to reach a verdict on the lesser counts until the highest charge was resolved.
During deliberations, the jury considered the evidence and returned at least seven notes to the judge to clarify the definition of the case.
Jurors were instructed that to find Penny guilty, they must conclude that his use of force was unnecessary and reckless.
Neely's cause of death was hotly debated.
Prosecutors argued that Penny held Neely in a chokehold for an extended period of time. Their case relied on the shaky testimony of Dr. Cynthia Harris. After performing an autopsy, she classified Neely's cause of death as “inconclusive.” However, after viewing video evidence of the incident, she revised his cause of death to “asphyxia.”
Forensic pathologist Dr. Satish Chundru rejected Harris' findings. He claimed Neely died of a combination of “sickle cell crisis, schizophrenia, struggle and inhibition, and the effects of synthetic marijuana.”
During closing arguments, Penny's attorney, Stephen Reiser, asked jurors, “Who would you like to ride the train with next?”
“You know the guy with the earphones minding his own business who’s going to take care of you when something happens? Or when you’re alone and you’re alone in a crowd and Jordan Maybe they just hope someone like Neely doesn't get on that train.'' Frozen with fear? ” Riser asked.
“This lawsuit is about a broken system, a broken system that doesn't help the mentally ill and the unhoused,” he continued. “In fact, it's that broken system that has led us here, and it's woven into the very fabric of this case.”
Although Penny no longer faces criminal charges, Neely's father, Andre Zachary, filed a lawsuit against him last week. Mr. Zachary accused Mr. Penny of negligent assault, battery, and serious bodily injury resulting in Mr. Neely's death.
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