Jury In Daniel Penny Trial Says It’s Deadlocked On Manslaughter Charge

A jury has sent a message stating that it is unable to reach a unanimous decision regarding the manslaughter charge in the trial of Daniel Penny, a former Marine accused of fatally choking subway performer Jordan Neely in May 2023. This update emerged as deliberations entered their fourth day on Friday. The jury is unable to proceed with considering the second charge of criminally negligent homicide until a unanimous verdict on the manslaughter charge is achieved.

The judge has instructed the jury to make another attempt at reaching a consensus. The defense sought a mistrial, but the request was denied. However, the judge did suggest that if no agreement is reached on the more serious charge, a new trial might be necessary for the lesser charge.

Penny has pleaded not guilty to both charges. Earlier in the trial, jurors requested to review police and bystander videos that were central to the case. On the second day of deliberations, they also asked to revisit a portion of the testimony provided by a city medical examiner. This included her explanation of issuing a death certificate for Neely without having received toxicology results.

The defendant has pleaded not guilty to the charges of manslaughter and criminally negligent homicide. Prosecutors argue that Penny applied the chokehold with reckless force and for an excessive amount of time. The defense counters, claiming that Penny acted in self-defense, attempting to protect other passengers from Neely, whose unpredictable behavior and threatening remarks caused fear among those on the subway.

The jury also sought to reexamine a bystander’s video that captured much of the restraint, along with body camera footage from responding officers and police video of Penny’s subsequent interview with detectives at the station house.

A significant part of Penny’s defense involves challenging the conclusion made by the city medical examiner’s office that the chokehold was the cause of Neely’s death. In testimony that the jury reviewed again on Wednesday, Dr. Cynthia Harris, the city medical examiner, stated that the combination of the autopsy findings, the bystander’s video, and investigative details provided her with all the necessary information. She said, “No toxicological result imaginable was going to change my opinion,” even if the tests had shown “enough fentanyl to put down an elephant.”

Fentanyl, a potent opioid, is linked to an estimated 75,000 overdose deaths in the United States last year. However, Neely was found to have synthetic marijuana, known as K2, in his system at the time of his death. Dr. Harris testified that overdoses from K2 are exceedingly rare, particularly in individuals with a healthy heart like Neely.

A pathologist hired by the defense testified that Neely’s death resulted from a combination of his schizophrenia, K2 use, a genetic condition, and his altercation with Penny.

Witnesses stated that Neely boarded a subway train in Manhattan on May 1, 2023, behaving erratically, shouting about his hunger and thirst, and declaring that he was ready to die, go to jail, or, as Penny and other passengers remembered, kill someone. Penny approached Neely from behind, grabbed his neck and head, and brought him to the ground. Penny later told the police that he “just put him in a chokehold” and “put him out” to prevent Neely from harming anyone.

This case has ignited public debate on issues such as public safety, the societal treatment of mental illness and homelessness, the boundaries between self-defense and aggression, and the role that race plays in such incidents. Penny is white, while Neely was Black.

Outside the courthouse, a small group of protesters has consistently gathered to condemn Penny as he arrives and leaves. Supporters of Penny have also appeared, occasionally displaying a flag.

{Matzav.com}