The jury in the Daniel Penny manslaughter trial reached an impasse on Friday and was unable to deliver a unanimous verdict on the charge.
On Friday morning, the 12-person panel issued a note indicating that it was struggling to reach a consensus on whether to convict the Marine veteran of “recklessly” causing Jordan Neely’s death by applying a six-minute chokehold in May 2023, the New York Post reports.
The jury has been deliberating since Tuesday afternoon.
Penny’s lawyers have argued that the 26-year-old was justified in his actions, which protected passengers on the train who claimed that he was ready to go to jail after Neely yelled, “someone’s going to die today!”
Penny’s lawyers also said that it could not be proven without a shadow of a doubt that the chokehold led to Neely’s death.
However, prosecutors stressed that Neely did not directly threaten anyone and was merely carrying a muffin in his pocket, which police later discovered. They also argued that Penny recklessly applied excessive pressure to Neely’s neck for too long, per NBC 4.
“It would be a crazy result to have a hung jury,” said prosecutor Dafna Yoran.
The jury is now deliberating whether to convict Penny of second-degree manslaughter for “recklessly” causing Neely’s death by maintaining the chokehold after most of the frightened passengers had exited the train. They could also find him guilty of the lesser charge of criminally negligent homicide.
Criminally negligent homicide involves engaging in conduct that is seriously “blameworthy” without recognizing the associated risk. In contrast, manslaughter requires proving that the defendant recklessly caused another person’s death, News 12 New York reports.
If convicted, Penny could face up to 15 years in prison for the most serious charge of second-degree manslaughter. The criminally negligent homicide charge carries a maximum sentence of four years.
As the jury remains deadlocked, Judge Maxwell Wiley has instructed them to continue deliberations. The judge emphasized the importance of reaching a unanimous decision.
The trial has drawn significant media attention and sparked protests both in support of Penny and in memory of Neely. Supporters of Penny argue that he acted heroically in a dangerous situation, while Neely’s advocates maintain that the incident highlights systemic issues in how society treats vulnerable individuals. The case has also ignited complaints of racism simply because Penny is white and Neely is black.
On May 1, 2023, Penny placed Neely in a chokehold on a New York City subway train, reportedly to restrain him from harming other passengers when he began to make verbal threats.
The medical examiner ruled Neely’s death a homicide caused by compression of the neck.
“No toxicological result imaginable was going to change my opinion,” said Dr. Cynthia Harris, even if they showed “enough fentanyl to put down an elephant.”
However, a pathologist hired by the defense testified that Neely’s death resulted from a combination of schizophrenia, K2 use, a genetic condition and his altercation with Penny.
