The jury in the trial of Daniel Penny was unable to reach a unanimous decision on the top charge of manslaughter in the May 2023 chokehold death of Jordan Neely. Penny faces up to 15 years in prison if convicted. The jury deliberated since Tuesday and informed Judge Maxwell Wiley that they were unable to agree on a verdict for the manslaughter charge. Wiley instructed them to determine if Penny’s actions caused Neely’s death and if he acted recklessly. The jury must reach a unanimous decision on manslaughter before considering the lesser charge of criminally negligent homicide. Wiley said he would consult with the defense and prosecution before providing further guidance.
Penny, a former Marine and architecture student, encountered an erratic Neely on a New York City subway and put him in a chokehold for six minutes. Neely, who was homeless and had a history of mental illness, had synthetic marijuana in his system. Penny’s attorneys argued that he only intended to restrain Neely until police arrived and disputed the cause of Neely’s death. The city medical examiner found that Neely died from compression to his neck due to the chokehold, while a forensic pathologist hired by the defense stated that Neely died from a combination of factors including sickle cell crisis, synthetic marijuana, schizophrenia, and the struggle from being restrained by Penny.
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