Manhattan Grand Jury to Weigh Fate of Marine Veteran Accused of Killing Subway Performer
A Manhattan grand jury is now deliberating the fate of Daniel Penny, a former U.S. Marine veteran accused of criminally causing the choking death of subway performer Jordan Neely last year.
Background of the Case
The 12-person jury went into deliberation on Tuesday following the weeks-long trial of Penny, who is facing charges of manslaughter and criminally negligent homicide for Neely’s death in May 2023 on board an F train in Lower Manhattan.
The Incident and Its Aftermath
Neely’s death sparked mass protests in May 2023 after his death was caught on camera, and the footage quickly went viral on social media. Penny’s defense team alleges that Neely, who was known to dress as Michael Jackson and busk in the transit system, was threatening straphangers, prompting Penny to step in and act in self-defense.
The Trial and Evidence
Manhattan District Attorney Alvin Bragg brought up Penny via grand jury indictments on second-degree manslaughter and negligent charges. While Penny claims he did not set out to kill Neely, the prosecution sought to prove that he was criminally negligent during the trial, which began in late October.
Expert Testimony and Debates
The exact cause of Neely’s death was also debated at trial, as the Associated Press reported. While members of the city’s Medical Examiner’s office stood by their autopsy, which found that Neely died from neck compression resulting from Penny’s chokehold, the defense brought up a pathologist who claimed that other factors contributed to Neely’s death.
Jury Instructions and Sentencing
During his instructions to the jury on Tuesday, Judge Maxwell Wiley told the panel that if they find Penny guilty of manslaughter, they will not be asked to render a verdict on the lesser charge of criminally negligent homicide. Only if they acquit Penny of manslaughter will the jury be asked to consider the criminally negligent homicide charge.
Conclusion
The jury’s decision will have significant implications for Penny, who faces a maximum 15-year prison sentence upon conviction of manslaughter, nearly four times that of the four-year maximum sentence for a criminally negligent homicide conviction.
Frequently Asked Questions
Q: What are the charges against Daniel Penny?
A: Penny is facing charges of manslaughter and criminally negligent homicide for Neely’s death.
Q: What is the maximum sentence for manslaughter?
A: The maximum sentence for manslaughter is 15 years in prison.
Q: What is the maximum sentence for criminally negligent homicide?
A: The maximum sentence for criminally negligent homicide is 4 years in prison.
Q: What was the alleged motive for Penny’s actions?
A: Penny’s defense team alleges that Neely was threatening straphangers, prompting Penny to step in and act in self-defense.
