A Manhattan jury will continue to deliberate on Friday in the case of Daniel Penny, who is accused of choking a man to death on an uptown F train last year.
Jurors began deliberating Tuesday afternoon. On Thursday, they asked to rewatch cellphone video recorded inside the subway car. They also asked to hear the legal definitions of recklessness and negligence, which are both factors in the crimes Penny is charged with.
They will resume deliberations at 9:45 a.m. on Friday.
Penny was charged with manslaughter and criminally negligent homicide in the death of Jordan Neely, a former Michael Jackson impersonator with schizophrenia who started yelling threats after he boarded at the Second Avenue station, according to witnesses. Penny held Neely in a chokehold on the floor of the subway for about six minutes, according to evidence presented at trial. Neely was pronounced dead soon after.
The trial, which began in late October, focused on whether Penny caused Neely’s death by holding him in a chokehold for as long as he did — and whether his actions were justified.
Prosecutors argued Penny went “way too far” and held onto Neely’s neck for longer than necessary, killing him. Penny’s attorneys said Penny was trying to protect himself and fellow passengers and argued that his actions may not have directly caused Neely’s death.
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