Daniel Penny won't testify in his manslaughter trial as defense rests in chokehold death case
NBCNov 24
Judge Drops Top Charge in NYC Subway Chokehold Trial
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Above: Daniel Penny at the Manhattan Criminal Court building on Dec. 6, 2024, in New York City. Image copyright: MediaPunch/Contributor/Bauer-Griffin/GC Images via Getty Images
The Facts
New York County Supreme Court Judge Maxwell Wiley has dismissed the second-degree manslaughter charge against Daniel Penny in the chokehold death of Jordan Neely after jurors deadlocked twice during deliberations.
The jury will now only consider the lesser charge of criminally negligent homicide, which carries a maximum sentence of four years, compared to the original 15-year maximum for manslaughter.
The Spin
Right narrative
Everyone knows Penny is innocent, evident from the jury leaning toward acquittal and the manslaughter charge being dropped. The reason is simple: Penny acted to protect subway passengers from Neely's explicit violent threats. Unfortunately, prosecutors are using questionable tactics to force a criminally negligent homicide verdict.
Left narrative
Penny isn't innocent, as shown by the video of him choking Neely for far longer than he knew was appropriate. His actions were reckless and, despite his attempts to save face by citing his friendships with Black individuals, demonstrate a lack of regard for a mentally ill Black man's life.
