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By Jon Jackson and Matthew Impelli
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The jury deliberating Daniel Penny's case sent a note on Friday saying it is deadlocked on the manslaughter charge. As a result, Judge Maxwell Wiley later in the day dismissed the manslaughter charge at the request of prosecutors so that jurors could consider a lesser count.
Jurors are now to deliberate a charge of criminally negligent homicide, which carries a lighter punishment. After telling the jurors to consider the lesser count, Wiley told them to "go home and think about something else" for the day.
Penny's Case
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Penny, a former Marine, is accused of killing Jordan Neely with a chokehold on the New York City subway in 2023.
Penny's defense has disputed the conclusion by the city medical examiner's office that the chokehold was the cause of Neely's death. A defense pathologist testified that Neely's death resulted from a combination of synthetic marijuana use, known as "K2," schizophrenia, a genetic condition and his physical altercation with Penny.
A charge of criminally negligent homicide can result in penalties ranging from probation to a maximum of four years in prison. Manslaughter, a more serious offense, carries a potential sentence of up to 15 years behind bars.
Criminally negligent homicide is defined as engaging in significantly "blameworthy conduct" without recognizing the associated risk. Manslaughter, on the other hand, requires demonstrating that the defendant acted recklessly, resulting in another person's death.
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The Hung Jury
Prosecutor Dafna Yoran argued that a hung jury over the inability to reach a decision on the second count "would be a crazy result."
Since beginning deliberations on Tuesday, the jury has submitted multiple requests to the judge.
The jury requested to review key police and bystander video footage central to the trial, along with a readout of testimony from the city's medical examiner presented during the monthlong proceedings. Additionally, they asked the judge to re-read the legal definitions of recklessness and negligence in open court and provide written copies of the statutes for reference.
Meanwhile, Neely's father on Thursday filed a lawsuit against Penny, accusing the Marine veteran of negligence, assault and battery, resulting in the death.
According to the lawsuit, Neely's father, Andre Zachary, is seeking damages "in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction."
Judge Urges Jurors to Continue Deliberations
The judge presiding over Penny's subway chokehold manslaughter trial instructed jurors on Friday morning to continue deliberating after they reported being unable to reach a unanimous decision on the top charge.
Wiley issued an Allen charge, instructing the jurors to make every possible effort to reach a unanimous verdict.
Penny's defense team objected to the judge issuing the instruction, arguing that it could be "coercive" to the jury. The judge, however, countered, emphasizing the complexity of the case's facts.
This article includes reporting from The Associated Press.
Update 12/06/24 1:09 p.m. ET: This story has been updated to include more information.
Update 12/06/24 4:12 p.m. ET: This story has been updated to include information about Judge Wiley dismissing the manslaughter charge against Penny.
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