After three days of deliberation, the jury in Daniel Penny’s trial reported on Friday that they were unable to reach a verdict on the first count of manslaughter in the second degree. In a move that underscored the fraught nature of this case, prosecutors chose to drop the charge, allowing the trial to proceed solely on a lesser count of criminally negligent homicide.

Penny, a 26-year-old white Marine veteran, was arrested following a deadly confrontation with Jordan Neely, a 30-year-old Black man, on a New York City subway train. Witnesses described Neely as distressed and shouting but unarmed. Penny restrained him in a chokehold—a method notorious for its lethal consequences—resulting in Neely’s death. Manhattan District Attorney Alvin Bragg charged Penny with manslaughter, sparking widespread debate.

The courtroom developments come as many grapple with the glaring disparities in how justice is applied. Penny, who some subway witnesses hailed as a “hero,” is being tried for what many activists believe was an unnecessary and racially motivated act of violence. Neely’s history as a vulnerable, unhoused Black man, who often performed as a Michael Jackson impersonator, has been largely overshadowed by attempts to frame Penny’s actions as self-defense.

For those who see the incident as emblematic of deeper systemic issues, the dropped manslaughter charge feels like yet another example of the justice system’s failure to hold individuals accountable for violence against Black lives. Critics have pointed to the racially charged dynamics of this case: Penny, a trained Marine, used a chokehold—widely recognized for its potential to kill—on a man who posed no immediate physical threat, yet Neely paid with his life.

As the trial now hinges on the lesser charge of criminally negligent homicide, which carries a reduced penalty, the message this sends is being hotly contested. For some, it reinforces the notion that the justice system devalues Black lives. Jordan Neely’s death was not just a tragic accident—it was a consequence of societal indifference to the humanity of Black people, especially those struggling with poverty and mental health issues.

NEW YORK, NEW YORK – MAY 12: Daniel Penny is transported to his arraignment after surrendering to the NYPD at the 5th Precinct on May 12, 2023 in New York City. Penny turned himself in after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely. Neely was killed last week on the F train after being placed in a chokehold at the Broadway-Lafayette station by Penny. Witnesses reported that Neely was acting erratic on the train and screaming about being hungry and tired but had not physically attacked anyone before being placed in the chokehold. Penny was initially taken into custody by the NYPD for questioning and later released. Neely’s death was ruled a homicide by the medical examiner’s office, days after the incident. (Photo by Michael M. Santiago/Getty Images)

While some have framed Penny’s actions as the necessary intervention of a “good Samaritan,” others see it as a grim reminder of the ease with which Black lives are deemed disposable. This case is about more than one man’s fate—it’s about whether justice can ever truly be served in a system so deeply intertwined with racial inequities.