The jury in Daniel Penny’s manslaughter and negligent homicide trial delivered a note to the judge on Friday, Dec. 6, revealing jurors are deadlocked. The jury reportedly can’t come to a decision on the first charge of manslaughter.
Now, Judge Maxwell Wiley is deciding whether or not to give the jury a so-called Allen charge, which instructs a hung jury to make every effort possible to come to a verdict. Maxwell is also giving the legal teams more time to determine their next steps.
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The verdict form reportedly advises the jury to decide on the first count, second-degree manslaughter before moving on to the second charge of criminally negligent homicide.
The prosecutor in the case said, “It would be a crazy result to have a hung jury just because they can’t move on to the second count?”
Jurors have reportedly been deliberating for 18 hours since they took the case on Tuesday, Dec. 3. The 25-year-old Penny, a former U.S. Marine, is accused of killing Jordan Neely as he put him in a chokehold for six minutes on a New York City subway in 2023.
Penny’s lawyers argue against the city’s medical examiner’s finding that the chokehold caused Neely’s death, and the defense’s pathologist contends Neely died from a combination of synthetic marijuana known as K-2, schizophrenia and the struggle with Penny.
Witnesses say Neely entered the subway yelling and moving erratically with Penny’s attorneys calling him “insanely threatening.” Penny has pleaded not guilty to both charges.
