Were you thinking of Daniel Penny this weekend? A year and a half ago, the US marine veteran, age 26, subdued one Jordan Neely, 30, a homeless schizophrenic with a record of 42 arrests who was menacing riders on a New York City subway car. Neely was, at the time, a fugitive on an arrest warrant for felony assault on a sixty-seven-year-old woman. Penny applied a choke hold after Neely declared he was of a mind to kill somebody on the train. Neely was still alive when the cops came, but they declined to give him CPR because he was filthy and an apparent drug-user, and they feared getting AIDS or hepatitis from giving him mouth-to-mouth resuscitation. . . so Neely died there in the subway.

Manhattan DA Alvin Bragg indicted Penny for manslaughter in the second degree and secondarily for criminally negligent homicide. His trial has been going on all month. On Friday, the jury reported its inability to reach a verdict on the manslaughter charge. Instead of declaring a mistrial, Judge Maxwell T. Wiley dismissed the primary charge and directed the jury to continue deliberations this week on the secondary negligent homicide charge, a procedurally dubious action.