Manslaughter charge dismissed in Daniel Penny chokehold case; jury considers lesser charge

A judge in Daniel Penny's case on Friday dismissed a charge of second-degree manslaughter in the death of Jordan Neely, leaving the jury to consider a lesser charge of criminally negligent homicide. Prosecutors asked the judge to dismiss the first more serious count after jurors remained deadlocked Friday afternoon.

Neely, an unarmed homeless man, died after former Marine Penny placed him in a chokehold on a crowded subway car last year. Neely had been screaming at passengers.

A jury began deliberations this week after hearing more than a month's worth of witness testimonies and evidence presented by lawyers. They sent a note to the judge Friday morning saying they could not reach a unanimous verdict on the charge of manslaughter, defense attorney Steve Raiser told USA TODAY. The judge responded with instructions to keep deliberating, Raiser said.