Jurors at Daniel Penny’s trial in the caught-on-camera subway chokehold death of Jordan Neely said Friday they’re struggling to reach a verdict on the top charge of manslaughter.
The 12-person panel sent a note Friday morning saying it’s having trouble reaching a consensus on whether to convict Penny, 26, of “recklessly” causing Neely’s death by placing him in a six-minute chokehold in May 2023.
Jurors have been deliberating since early Tuesday afternoon.
Penny’s lawyers have said that the Marine veteran and aspiring architect was justified in protecting passengers from a man who witnesses said yelled “someone’s going to die today!” and said he was ready to go to jail after boarding the uptown F train.
But Manhattan prosecutors have stressed that no witness testified that Neely threatened anyone specifically, touched anyone, or brandished a weapon. Police later found only a muffin in his pocket.
Penny’s attorneys have also argued that there’s not proof beyond a reasonable doubt that the chokehold is what caused his death.
The jury is weighing whether to convict Penny of second-degree manslaughter for “recklessly” causing Neely’s death by keeping him in the chokehold after nearly all of the frightened passengers had left the train car at the Broadway-Lafayette station.
They could also convict him of the lesser charge of criminally negligent homicide.
If the jury is unable to reach a verdict, Manhattan Supreme Court Justice Maxwell Wiley would be required to give them what’s known as an “Allen” charge, urging them to reach a unanimous verdict.
Penny faces up to 15 years in prison if convicted on the manslaughter charge, or up to four years behind bars if convicted on the less serious count.
