A Manhattan jury appears to be deadlocked over whether 26-year-old Marine veteran Daniel Penny committed manslaughter and negligent homicide in the chokehold death of an unarmed Black man on a New York subway.
"We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on count one," a note from the jury read Friday following 16 hours of deliberation that began Tuesday, according to WABC-TV.
The 12-person jury is tasked with deciding on the first count of second-degree manslaughter. If found not guilty, only then can they consider the second count of negligent homicide.
On May 1, 2023, thirty-year-old street artist Jordan Neely – who struggled with mental illness, drug addiction and homelessness – boarded a subway in New York City. He began to act volatile, yelling at passengers, claiming he didn't care if he lived or died, according to witnesses, CNN reported.
His erratic behavior prompted fellow passenger Penny to grab Neely from behind and place him in a nearly six-minute chokehold recorded on cell phone video by witnesses, according to NewsNation.
Over the course of the seven-week trial, the jury heard testimony from passengers, police officers, and medical experts.
During closing arguments Monday, Penny's lawyers urged jurors to consider themselves in his position on the train. They characterized the manslaughter and criminally negligent homicide charges as a rush to judgment influenced by protests and media pressure, rather than by the evidence.
Prosecutors, while acknowledging Penny was justified in using some physical force, argued he went too far by maintaining the chokehold even after the train stopped and passengers disembarked.
Penny pleaded not guilty. If convicted on the top charge of manslaughter, he faces up to 15 years in prison, though the judge retains discretion to impose no prison time.
