Judge Maxwell Wiley has dismissed the manslaughter charge against Daniel Penny after the jury informed the court twice that it could not reach a unanimous verdict. The jury will return Monday to deliberate on a lesser charge of criminally negligent homicide in the death of Jordan Neely, a homeless man who died on the New York City subway in May 2023.

The decision to drop the manslaughter charge followed prolonged deliberations. Manslaughter requires proof that a defendant recklessly caused another’s death and carries a maximum sentence of 15 years in prison. Criminally negligent homicide, which the jury will now consider, involves serious negligence without recognizing the risk of death and carries penalties ranging from probation to four years in prison.

Defense attorney Thomas Kenniff opposed the judge’s move, warning it could lead to “a coercive or compromised verdict.” He also renewed calls for a mistrial after raising concerns about a media report alleging that a juror had expressed frustration about deliberations. Judge Wiley, however, declined to investigate the claim at this stage.

After dismissing the jury for the weekend, Wiley encouraged jurors to continue their deliberations on Monday, emphasizing their conscientious approach thus far. “Whether that makes any difference or not, I have no idea,” the judge remarked.

The trial stems from an incident in May 2023, when Penny, a former U.S. Marine, placed Neely in a chokehold for approximately six minutes after Neely entered a subway car yelling and asking passengers for money. Penny’s defense argued he acted to protect himself and others from what he perceived as a volatile and threatening situation. Prosecutors countered that Penny used excessive force against a person he viewed as a threat, rather than as a human being in need.

The jury’s inability to agree on the manslaughter charge reflects the complexities of the case, which has drawn significant public attention. Judge Wiley commended the jury’s efforts and noted that difficulty in reaching a verdict is not uncommon.

The trial resumes Monday, with jurors tasked with deciding whether Penny’s actions constitute criminally negligent homicide in the high-profile case.