On Friday, jurors in the trial of Daniel Penny informed the judge that they were unable to reach a unanimous verdict on the primary charge of second-degree manslaughter.
This trial stems from a May 2023 subway altercation where Penny placed Jordan Neely in a chokehold, leading to Neely’s death.
Jury unable to reach unanimous decision on Daniel Penny‘s manslaughter casepic.twitter.com/snEkRWyRNk
— Resist Times (@resistupdates) December 6, 2024
According to Fox News, the presiding judge, considering the jury’s deadlock, discussed the possibility of delivering an Allen charge. This instruction encourages jurors to continue deliberating in an effort to reach a consensus. If they remain unable to agree, a mistrial could be declared.
Following the jury’s note, Penny’s defense team immediately requested the judge declare a mistrial. However, the judge declined and instead issued the Allen charge, urging jurors to re-examine the case with open minds.
Addressing the jury late Friday morning, the judge emphasized the importance of their role and the improbability of assembling a better-qualified jury in the future. “You 12 were selected to serve; both sides expressed confidence in your fairness. There’s no reason to think a future jury would be more intelligent or hard-working. I am asking you to resume deliberations. Be flexible and willing to change position,” the judge said, according to Inner City Press.
The jury, which began deliberating on Tuesday, has spent nearly 20 hours reviewing evidence and testimony. They requested to view cellphone and police bodycam footage from the incident and asked for a readback of testimony from Dr. Cynthia Harris, the New York City Medical Examiner who performed Neely’s autopsy. Dr. Harris ruled the cause of death as compression of the neck.
Jurors also asked the court to re-read legal definitions of “recklessness” and “negligence,” as well as portions of the judge’s instructions.
Later on Friday, they requested clarification of the term “reasonableness.” The judge explained, “Reasonableness is up to you to decide. What would a reasonable person do in this situation? He must have honestly believed Jordan Neely was going to use physical force against him or someone else.”
In May 2023, Jordan Neely, a homeless man, boarded a New York City subway train and began making threatening statements, according to witnesses. Penny, a Marine veteran, intervened by restraining Neely in a chokehold, with assistance from other passengers.
The defense argues that Penny acted to protect himself and others on the train from Neely, who they allege was acting erratically and making violent threats. The prosecution has focused on whether Penny’s actions constituted recklessness or negligence, leading to Neely’s death.
If the jury clears Penny of the second-degree manslaughter charge, they will then consider the lesser charge of criminally negligent homicide. The case hinges on whether Penny’s actions were reasonable under the circumstances and whether he believed Neely posed an imminent threat.
The jury’s inability to reach a consensus so far underscores the complexity of the case, with key questions surrounding self-defense, public safety, and accountability. The trial remains ongoing.
