Daniel Penny’s dropped charge “precisely” what Alvin Bragg wants: Analyst

A New York judge dismissed Daniel Penny’s manslaughter charge on Friday, which legal analyst Jonathan Turley says is “precisely” what Manhattan District Attorney Alvin Bragg was hoping for.

Penny, a former U.S. Marine, faced manslaughter and criminal negligent homicide charges in the death of Jordan Neely, a 30-year-old homeless man who performed as a street artist. In May 2023, Neely, who was Black, was placed in a chokehold by the veteran from Long Island, who is white, after yelling at other passengers about being hungry in a crowded subway car in New York City. Several minutes of the altercation were caught on bystander video and was a key piece of evidence in the trial.

The jury can now only consider the criminally negligent homicide charge if they find Penny not guilty of manslaughter, per the judge’s instructions. The negligent homicide charge carries a maximum of four years in prison.

Prosecutors say that Penny’s chokehold is what ultimately killed Neely. However, Penny’s defense team’s pathologist said that Neely died from a combination of using synthetic marijuana, schizophrenia, the altercation with Penny and a genetic condition.

Penny’s lawyers also urge that he was protecting citizens in the subway from Neely.

In a Friday post to X, formerly Twitter, Turley wrote, “So now the judge has dismissed the first count on second-degree manslaughter and is allowing the jury to consider the second count after the weekend. This is precisely what Bragg was hoping for in setting up a possible compromise verdict…”

Turley, in his opinion, added that this case would not have been tried outside New York City. Turley said that he’s “hopeful” that there could be jurors unwilling to find Penny guilty on the lesser charge but “the treatment of Penny will leave chilling message for New York thinking of protecting others in New York.”

Concluding his thread on X, the legal analyst said: “Bragg often seems to be driven more by cable news than the criminal code. He has made clear that citizens acting to protect others can expect little support from his office.”

Newsweek has reached out to the Manhattan district attorney’s office via email for comment on Friday.

In a follow up email to Newsweek on Friday afternoon, Turley said, “The judge had the discretion to declare a hung jury. However, after dismissing the first count, the jury can now render a compromise verdict. It is a very different case now than the one that was tried before them. It is a second bite at the apple for Bragg.”

This is a developing story that will be updated with additional information.