On Friday morning, the jury in Daniel Penny’s trial informed the court that it was unable to reach a unanimous verdict on the primary allegation of manslaughter.
Penny is accused with manslaughter and criminally negligent homicide in connection with Jordan Neely’s chokehold death in May 2023. If found guilty on the most serious charge, he may spend up to 15 years behind bars. He entered a not guilty plea.
Judge Maxwell Wiley received a note from the jury, who have been debating since Tuesday afternoon, stating that they have been unable to reach a consensus on a judgment about the manslaughter allegation. Prior to being permitted to consider the lesser allegation of criminally negligent homicide, the jury was told that it needed to reach a unanimous verdict on that charge.
Wiley informed the jury that before providing any additional instructions, he will consult with the prosecutors and defense lawyers.
On the afternoon of May 1, 2023, Penny, an architecture student and former Marine, was heading to the gym after class when he came upon an unpredictable Neely on a New York City subway.
Witnesses claim that when Neely boarded the train, he flung his jacket on the ground and yelled that he was hungry, thirsty, and didn’t care if he died or was sent back to jail. After the uptown F train reached its next stop, Penny placed him in a chokehold that prosecutors said lasted for six minutes. Neely, 30, had a history of mental illness and was homeless. He had synthetic marijuana, often known as K2, in his bloodstream when he passed away.
According to Penny and his lawyers, he merely intended to confine Neely until the police arrived, not to hurt him. Neely’s cause of death was also contested by his lawyers, Steven Rasier and Thomas Kenniff. According to a city medical examiner, Neely’s chokehold caused his neck to compress, resulting in his death. According to a forensic pathologist they employed, Neely’s death was caused by a confluence of factors, including schizophrenia, sickle cell crisis, struggle and restraint, and synthetic marijuana.
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