The Manhattan jury considering the case of Daniel Penny told a judge Friday that they cannot agree on whether Daniel Penny is guilty of manslaughter, the top charge against him in the death of Jordan Neely.
The jury would have to come to a decision on the manslaughter charge before considering the second charge against Penny, criminally negligent homicide. Judge Maxwell Wiley gave lawyers on both sides of the case time to consider what to do next.
One option is for the judge to read the jury something called an “Allen Charge”’ urging them to continue trying to reach a consensus.
Daniel Penny is charged with manslaughter and criminally negligent homicide after putting Neely, a former Michael Jackson impersonator with schizophrenia, into a chokehold that prosecutors and medical experts say led to Neely’s death.
The jury has been deliberating since Tuesday afternoon. When jurors sent their note, Penny was summoned back into the courtroom briefly and left again. Neely’s father sat stoically in the back of the room.
Witnesses to the May 1, 2023 incident say Neely started yelling threats after he boarded the train. Penny held Neely in a chokehold on the floor of the subway for about six minutes, according to evidence presented at trial, and 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 he needed to, killing him. Penny’s attorneys say Penny was trying to protect himself and fellow passengers and argued that his actions may not have directly caused Neely’s death.
This is a developing story and will be updated.
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