The jury deliberating on Daniel Penny’s case has told the judge that they are unable to reach a unanimous decision on the main charge against him. According to reports, this came to light during a session on Friday morning, where jurors informed Judge Maxwell Wiley about their deadlock regarding Penny’s manslaughter charge. If found guilty, Penny could face up to 15 years in prison. In response, the judge provided the jurors with what is known as an “Allen charge,” encouraging them to discuss their differences and work towards a consensus to avoid a mistrial.
Daniel Penny, a 26-year-old, is facing charges of manslaughter and criminally negligent homicide in connection with the death of Jordan Neely, which occurred on a subway train in Manhattan in May 2023. Penny has pleaded not guilty. The prosecution argues that Penny applied excessive force on Neely for an extended period, while the defense claims he acted out of self-defense and to protect other passengers.
The incident involved a chokehold that Penny used on Neely while riding a northbound F train, which was recorded on video. Neely, a homeless performer, was allegedly threatening passengers verbally before the confrontation took place, according to Manhattan District Attorney Alvin Bragg.
Earlier in the week, the jury requested to view footage from the incident, including recordings made by a freelance journalist and police body camera video, as well as footage from Penny’s interrogation.
This case has sparked national discussions about issues such as vigilante justice, the treatment of mentally ill individuals and the homeless, as well as racial dynamics, given that Penny is White and Neely was Black. In addition, Penny is facing a new civil lawsuit filed by Neely’s father, who attributes his son’s death to Penny’s alleged negligence and recklessness.
