Jury In Daniel Penny Trial Says They’re Deadlocked Over Manslaughter Charge

 Jurors on Friday sent a note to the judge saying they cannot reach a consensus on whether to convict Daniel Penny of “recklessly” causing the death of Jordan Neely, a homeless man who was allegedly threatening passengers on a New York City subway train last year.

The jury, which has been deliberating since Tuesday afternoon, must determine whether Penny caused Neely’s death by “recklessly” keeping him in a chokehold after frightened passengers left the train, the New York Post reported, or whether his actions amounted to a lesser charge of criminally negligent homicide.

If convicted of second-degree manslaughter, Penny faces up to 15 years in prison. If convicted of the lesser charge, he faces up to four years.

 

As the Post reported, if the jury cannot reach a verdict, Judge Maxwell Wiley will be required to give them an “Allen” charge, encouraging them to continue deliberations to reach a unanimous verdict on count 1 of the indictment.

The prosecution has argued that Penny, a 26-year-old Marine veteran, held Neely in a chokehold for six minutes in May 2023, causing Neely’s death. Penny’s defense, meanwhile, has argued that there is doubt about whether Neely died from the chokehold or if he died due to his medical condition and the drugs in his system at the time of his death.

Jurors have been asking to review crucial evidence in the case, including videos from the incident and Penny’s police interrogation, during which he was not told Neely had died. They have also asked Wiley to reread the definitions of recklessness and negligence, The Daily Wire reported.

Jurors have also asked to be reread portions of New York medical examiner Dr. Cynthia Harris’ cross-examination, where she testified that she made the determination Neely died due to asphyxiation based on video alone – before the toxicology report came back.

The case has divided the country, with many believing Neely is the victim and others, including “America’s Most Wanted” creator John Walsh, believing Penny is a hero for protecting passengers.

On Wednesday, Neely’s father filed a lawsuit against Penny for the death of his son, the New York Post reported, demanding “judgment awarding damages in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.”