Judge Agrees To Drop Manslaughter Charge In NYC Subway Chokehold Case

NEW YORK CITY — A Manhattan judge on Friday has agreed to drop a manslaughter charge against Daniel Penny, a Marine veteran who put Jordan Neely into a fatal chokehold inside a New York City subway car.

“We move to dismiss the top count of manslaughter in the second degree,” Assistant District Attorney Dafna Yoran said inside the courtroom on Friday.

The judge's decision comes after jurors twice couldn't come to a verdict on the manslaughter charge, according to multiple media reports.

Penny, 26, had pleaded not guilty to second-degree manslaughter, Patch previously reported. He still faces a criminally negligent homicide charge.

A 12-person jury could decide whether to convict Penny on the criminally negligent homicide charge as soon as Monday, officials said.

Penny's defense lawyers have argued that Jordan Neely had been shouting and demanding money before the marine veteran intervened, Patch previously reported.

Prosecutors will be attempting to prove that Penny's actions were "reckless" and "negligent."

Fatal Incident Inside Subway Car

On May 1, 2023, on a northbound F train headed toward the Broadway-Lafayette station, Penny brought Neely down with the assistance of two other passengers and then proceeded to put him in a chokehold for 6 minutes.

Neely had struggled with homelessness and mental illness, and according to witnesses had been acting in a aggressive manner before the fatal incident.

The medical examiner's office ruled Neely's death a homicide. Penny's lawyers have said that the marine veteran didn't intend to kill Neely but was holding him down long enough for police to arrive.

Penny has been free on a $100,000 bond.

The fatal 2023 incident sparked nearly two weeks of protests before Manhattan District Attorney Alvin Bragg’s office brought an indictment, according to multiple media reports.

This is a developing story. This post may be updated.