1 of 4 | Jurors in New York City on Friday notified the judge they are unable to reach a verdict on the manslaughter charge faced by Daniel Penny, who used a chokehold on another man aboard a subway, ultimately killing him. File Photo by John Angelillo/UPI | License Photo
Jurors in New York City on Friday notified the judge they are unable to reach a verdict on the manslaughter charge faced by Daniel Penny, who used a chokehold on another man aboard a subway, ultimately killing him.
Manhattan Supreme Court Justice Maxwell Wiley had not yet made a ruling as of 12:30 p.m. EST Friday, after being informed of the deadlocked jury. Advertisement
Before declaring a mistrial, Wiley is required to read the jury a so-called Allen charge, urging the 12-member panel to reach a unanimous decision.
Jurors are unable to agree on the manslaughter charge related to the death of Jordan Neely in May of 2023.
Penny, an ex-Marine, held Neely in a 6-minute chokehold aboard a New York subway train until he died.
Lawyers for Penny argued the 26-year-old was acting in self-defense after hearing Neely make verbal threats, scaring passengers.
Prosecutors say Neely, a 30-year-old street performer who was homeless at the time, was carrying no weapons and did not physically attack anyone on board the MTA F train at the Broadway-Lafayette Street station.
Penny, a native of Long Island faces a maximum sentence of 15 years in prison if convicted of manslaughter, with no minimum sentence. The judge also gave the jury the option of convicting Penny of the lesser count of criminally negligent homicide. Advertisement
The trial opened at the start of November, with prosecutors arguing Penny a disproportionate amount of force and for too long in reaction to Neely’s verbal threats.
Defense lawyers drew the court’s attention to Neely audibly saying “I will kill” aboard the train, which was heard by passengers.
Witnesses who were aboard the train at the time took the stand during the trial.
“I truly believed that I was going to die in that moment,” passenger Caedryn Schrunk told the court.
Another, Johnny Grima, testified he was “concerned about the man (Neely) because he was not moving.”
Closing arguments in the trial were submitted Monday and the jury began deliberations on Wednesday.
