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Jury Deliberations Continue in Daniel Penny Chokehold Case
NEW YORK – Jurors assessing the case of Daniel Penny, who has been charged in the death of Jordan Neely, concluded a fourth day of deliberations Friday without reaching a decision on the primary charge of manslaughter. This is a pivotal trial for the 26-year-old Marine veteran and architecture student, who is accused of killing a homeless man diagnosed with mental illness during a threatening episode aboard a Manhattan subway train.
At around 11 a.m., jurors communicated their struggles to the court, stating, “We the jury request instructions from Judge [Maxwell] Wiley. At this time, we are unable to come to a unanimous vote on court 1 – manslaughter in the second degree.”
For the manslaughter charge to hold, prosecutors must establish that Penny acted recklessly when he placed Neely in a chokehold. Testimonies presented during the trial indicated that Neely, under the influence of drugs, had stormed onto the train and threatened passengers while experiencing a psychotic episode.
DANIEL PENNY TRIAL: JURORS REQUEST KEY EVIDENCE FOR REVIEW
As deliberations progressed, Judge Wiley informed the attorneys involved that the jury could not consider lesser charges until they reached a verdict on the primary count. This could potentially delay proceedings significantly.
The secondary charge, criminally negligent homicide, carries a lighter maximum sentence of four years in prison if Penny is found guilty.
Witness accounts described Neely as a 30-year-old man grappling with schizophrenia, aggressively proclaiming that someone was going to “die today” and expressing indifference toward incarceration. In an attempt to de-escalate the situation, Penny intervened by employing a chokehold.
Tragically, Neely later succumbed to his injuries. At the time of the incident, he had an active arrest warrant and was reportedly under the influence of K2, a synthetic substance known for its stimulant effects. His extensive criminal history included a violent assault on a senior citizen in 2021.
DEFENSE ARGUES OVERSTATEMENT OF POTENTIAL PUNISHMENT
The defense has criticized remarks from the Manhattan District Attorney’s office regarding the severity of potential punishment if Penny is convicted, labeling them as “improper and misleading.”
In the immediate aftermath of the incident, Penny remained on-site and cooperated with law enforcement authorities. He recounted to investigators the chaotic nature of subway violence, highlighting a recent spate of incidents where individuals had been pushed in front of trains. Reports noted over 20 such instances in the year prior to the confrontation with Neely.
Only days before the altercation, another subway passenger had been stabbed. Moreover, the climate of fear was palpably heightened by various reports of subway violence.
Eyewitness testimony from passengers, including 19-year-old Ivette Rosario, indicated that Neely’s behavior elicited significant fear, especially when he shouted that someone would “die that day.”
Penny’s Potential Sentencing Watch
Should Penny be convicted of the more serious charge, he faces a substantial sentence of up to 15 years in prison. The trial continues to captivate public attention, reflecting broader societal concerns about safety, mental health, and the implications of self-defense in emergency situations.
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