NEW YORK – After nearly a week of intense deliberations, the judge in the Daniel Penny trial dismissed the second-degree manslaughter charge that had left the jury deadlocked.

According to the judge’s instructions, Penny could be found not guilty on both counts.

Penny was charged in the death of Jordan Neely, whom Penny held in a chokehold for about six minutes on a New York subway in 2023.

The jury has been instructed to focus solely on the remaining involuntary manslaughter charge and will resume deliberations on Monday.

What charges does Penny face?

Penny is threatened with involuntary manslaughter, which is serious “reprehensible conduct,” even though she is unaware of such a risk.

This indictment will determine whether Penny is guilty of culpable conduct that led to Neely’s death.

His defense team claims he acted to protect himself and other subway passengers from a threatening person, while prosecutors argue his reaction was excessive and because Neely was more of a threat than a human being.

What happens if Penny is found guilty?

Penny, a 26-year-old former Marine, now faces a charge that carries a maximum sentence of four years, far less than the 15 years that came with the dismissed involuntary manslaughter charge. If convicted, the judge could also opt for a sentence that includes no prison time at all.

The Manhattan District Attorney’s Office also reached out to FOX 5 NY to report that there is also no mandatory prison sentence for Penny’s charge, but it is unclear how that might impact sentencing.

If the jury cannot reach a unanimous decision on the remaining charges, the trial could end in a mistrial.