A judge has dismissed manslaughter charges against Daniel Penny, who is accused of strangling a man on an uptown F train last year.

Penny now only faces a lesser charge of involuntary manslaughter. This crime is punishable by up to four years in prison.

The judge’s decision came after jurors sent two messages Friday saying they could not agree on whether Daniel Penny was guilty of manslaughter, the main charge against him in the death of Jordan Neely.

It was prosecutors who asked Judge Maxwell Wiley to dismiss the top charge. Penny’s defense attorneys objected, saying this could jeopardize the verdict.

Daniel Penny is accused of putting Neely, a former Michael Jackson impersonator with schizophrenia, in a chokehold that prosecutors and the city’s medical examiner say led to Neely’s death.

The jury has been deliberating since Tuesday afternoon.

Witnesses to the May 1, 2023 incident say Neely began yelling threats after he boarded the train. According to evidence presented in court, Penny held Neely in a chokehold on the floor of a subway train for about six minutes. Neely was pronounced dead shortly afterwards.

The trial, which began in late October, focused on whether Penny caused Neely’s death by keeping him in a chokehold for so long – and whether his actions were justified.

Prosecutors argued that Penny “went way too far” and held Neely by the neck longer than necessary, killing him. Penny’s lawyers say Penny was trying to protect himself and his fellow passengers and argued his actions may not have directly led to Neely’s death.

This is a developing story and will be updated.