Jurors in the case of Daniel Penny, a 24-year-old Marine veteran charged with second-degree manslaughter for placing Jordan Neely in a chokehold after Neely threatened to kill passengers on a New York City subway, have been unable to agree on the most serious charge after four days of deliberations.
As Fox News reports:
Around 11 a.m., the jurors sent a note 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.”
The charge requires prosecutors to prove that Penny acted with recklessness when he grabbed Jordan Neely in a chokehold. Neely had barged onto the train while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.
“In this case, I think that they can’t move on to count 2 unless they find the defendant not guilty of count 1,” Wiley told attorneys for both sides, despite protests from the prosecution. “I have to at least try to ask the jury to find a verdict on count 1.”
Count two is a lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.
During closing arguments in the trial, prosecutors at the Manhattan District Attorney’s office sought to portray Penny in an unfavorable light by focusing on his description of Neely as a “crackhead” during a police interrogation.
The defense, in its closing, framed the case as a matter of public safety, asking jurors: “Who would you want on the train with you?” Penny’s lawyers emphasized his actions as a response to Neely’s threats and erratic behavior, portraying him as someone who stepped in to protect other passengers.
The case stems from a May 1, 2023, incident in which Penny restrained Neely, a homeless man with a history of criminal behavior and mental illness, in a chokehold on a northbound F train. Witnesses reported that Neely had been yelling at passengers, stating he didn’t care if he lived, died or was arrested. At one point, he allegedly threatened to kill those aboard if they didn’t give him a soda.
Penny placed Neely in a chokehold to subdue him, later transitioning him into the recovery position as seen in video footage. Despite terrified passengers thanking Penny for his intervention, Neely died, and the incident quickly became a flashpoint for political and social debate.
Neely, 30, had a criminal record that included over 40 convictions and an outstanding warrant for assaulting an older woman. The Manhattan District Attorney, Alvin Bragg, charged Penny with second-degree manslaughter 11 days after Neely’s death, a move that drew polarized reactions from the public.
This is a breaking news story. Please check back for updates.
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i pray the jurors cn see the good samaritan saved lives that day. with no bone broken in his neck, Penny did not kill the homeless man. He died from overdose. NOT GUILTY
The fact that half of this jury can’t find not guilty tell you all you need to know about NYC. These people are idjits who can’t protect themselves for stumbling over their political idiology.
Leave him alone. He was trying to protect someone else. Get your head out of your Butt and get a life