A New York judge granted a motion to dismiss a second-degree manslaughter charge against Daniel Penny Friday.
Penny, a former Marine, was originally charged with manslaughter and criminally negligent homicide for the death of a street performer on the New York subway.
The judge's decision means the jury in the case will now consider only the charge of criminally negligent homicide.
Attorneys for Penny had motioned for a mistrial, while prosecutors had asked the judge to dismiss the manslaughter charge so the jury would not risk a compromise verdict.
The jury will now return on Monday to continue its work toward a verdict.
The decision comes after the jury told the court that it was unable to reach a unanimous verdict on both charges Friday.
Despite objections from the defense, the judge issued what's known as the Allen charge, informing the jury that it should continue trying to reach a verdict.
Penny claimed he was defending other passengers on the subway in May 2023 when he choked Jordan Neely. The Michael Jackson impersonator was apparently acting erratically and shouting about being hungry and being willing to die, kill or go to jail.
During the trial, prosecutors argued that Penny acted recklessly by maintaining a chokehold on Neely for about six minutes.
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"You obviously cannot kill someone because they are crazy and ranting and looking menacing, no matter what it is that they are saying,” Manhattan Assistant District Attorney Dafna Yoran told jurors Monday, according to The Associated Press.
Penny, 26, did not testify during the trial. However, his defense team argued that the former Marine’s sole intention was to subdue Neely until police arrived.
The case sparked a nationwide debate as communities grapple with issues of homelessness, public safety, and vigilantism.
Following Neely’s death, demonstrations broke out across New York City, with activists demanding justice. At the same time, Penny garnered significant public support, raising millions for his legal defense fund.
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