As public controversy swirls around the death of Jordan Neely on the floor of a Manhattan subway car, it is appropriate to pause and look at the law which will govern the criminal proceedings against the accused, Daniel Penny.
Penny has been indicted for manslaughter in the second degree. Under Penal Law §125.15, a person is guilty of manslaughter in the second degree when “He recklessly causes the death of another person.” The prosecution does not maintain that Penny set out to intentionally kill Neely. In a homicide case a person acts recklessly “when he fails to perceive a substantial and unjustifiable risk that [death] will occur. … The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.” P.L. §15.05(3).
