The jury in Daniel Penny’s manslaughter trial is deadlocked on the top charge of second-degree manslaughter, according to a note read by the judge on Friday morning.
Newsday The 12-person panel has been deliberating since early Tuesday afternoon, struggling to reach a consensus on whether Penny “recklessly” caused Jordan Neely’s death by placing him in a six-minute chokehold in May 2023.
Penny’s defense argues that the Marine veteran acted to protect subway passengers from Neely, who witnesses say was shouting threats and behaving erratically. However, prosecutors emphasize that no witness testified Neely physically threatened or touched anyone, and he was unarmed at the time.
The jury’s inability to agree on the manslaughter charge raises the possibility of a mistrial. Customarily, when a jury can’t reach a verdict, the judge will read an “Allen charge,” reminding the panel of its duty and encouraging them to reach a conclusion.
Newsday The jury is not permitted to consider the second count, criminally negligent homicide, until it has reached a unanimous decision on the manslaughter count.
Penny faces up to 15 years in prison if convicted of manslaughter. The case has ignited debates on public safety, mental health, and the appropriate use of force, reflecting deep societal divisions.
