(NewsNation) — Jurors head back to New York City court Monday morning to continue deliberating whether they will convict Daniel Penny with criminally negligent homicide in the chokehold death of Jordan Neely on a subway train last May.
Penny faced two charges, both of which he pleaded not guilty: One of second-degree manslaughter and another of criminally negligent homicide. However, Judge Maxwell Wiley dismissed the more severe manslaughter count Friday afternoon after jurors said they were deadlocked on it. David Tarras, head of the federal criminal defense practice at Rossen Law, tells NewsNation this was an “unusual” move.
If Penny is found guilty, his legal team has already said they will file an appeal. Should Penny be convicted of criminally negligent homicide, he faces up to four years in prison. Had manslaughter still been on the table, he could have gotten 15 years.
Jordan Neely’s father sues Daniel Penny
Neely’s father, Andre Zachary, sued Daniel Penny alleging negligence, assault and battery that led to the death of his unarmed, 30-year-old son.
On May 1, 2023, Penny, now 26, placed Neely in a chokehold for about six minutes after Neely, who was homeless, started shouting and acting erratically on a crowded, underground train.
According to the lawsuit filed Wednesday, Zachary is seeking a judgment awarding damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.”
Penny’s lawyer Steven Raiser said the timing of the lawsuit is “unfortunate.”
“We will not be distracted by this attempt to attack Danny while he is under such tremendous stress,” Raiser said in a statement Thursday.
But Christopher Neely, Jordan’s uncle, maintained that Neely didn’t deserve to die, the Associated Press reported.
“What gave Daniel Penny the right to choke Jordan nearly for six minutes?” He said outside the courthouse last week. “He had an option to go to another car. He had the option to say something and not do nothing.”
