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Jury Deadlocked on Manslaughter Charge in Penny Trial

by Sandra Rhodes
December 6, 2024 at 1:42 pm
in News
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Jury Deadlocked on Manslaughter Charge in Penny Trial

NEW YORK, NEW YORK - DECEMBER 03: Daniel Penny returns to the courtroom after a break during his trial at Manhattan Criminal Court on December 03, 2024 in New York City. Closing arguments have ended and the jury is expected to deliberate in the trial in trial of Penny, 26, a former Marine, who is charged in the death of Jordan Neely by choking him during an altercation involving panhandling on a New York City subway car. (Photo by Michael M. Santiago/Getty Images)

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The jury in the chokehold case against Daniel Penny are deadlocked on the manslaughter charge.

Jurors sent a note Friday morning, 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.” 

Penny, a 26-year-old Marine veteran and architecture student, was charged in the death of a mentally ill homeless man who threatened to kill people on a Manhattan subway car, Fox News reported.

The incident occurred in May 2023. 

Prosecutors need to prove Penny was reckless when he put Jordan Neely, 30, in a chokehold for a guilty verdict in the manslaughter charge.

Neely, while high on drugs, went onto the subway and threatened to kill passengers while in a psychotic episode, trial testimony revealed.

Penny faces a maximum punishment of 15 years in prison if convicted on the manslaughter charge.

The judge said the jury can’t move on to decide the other charges until they come to an agreement on the manslaughter charge.

“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 said. “I have to at least try to ask the jury to find a verdict on count 1.”

Count two is criminally negligent homicide, which carries a maximum punishment of four years in prison.

He then drew up new instructions, which the attorneys reviewed.

Neely suffered from schizophrenia said on the subway that someone was going to “die today.” 

That’s when Penny put him in the chokehold. 

Neely, who later died, had an active arrest warrant against him. He was high on K2, a synthetic marijuana drug that acts as a stimulant.

Tags: crimeDaniel PennyJordan NeelyU.S. News
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Sandra Rhodes

Sandra Rhodes

IJR, Contributor Writer She was a Story Editor for Indpendent Journal Review since November 2022 and has written for IJR since February 2024. She has been in the newspaper business in various capacities since 1998.

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