The jury deciding the fate of Daniel Penny has informed the judge that they are unable to reach a unanimous verdict on whether he is guilty of manslaughter — the most serious charge he is facing.
The jury was told they must come to a unanimous decision on the manslaughter charge before they would be allowed to consider a lesser charge of criminally negligent homicide.
Penny, a former Marine, was charged with manslaughter and criminally negligent homicide for using a chokehold to detain Jordan Neely, a homeless man who was threatening people on the subway, in May 2023. Neely later died after police arrived at the scene and opted not to attempt mouth-to-mouth resuscitation due to his appearance of being a drug user.
The jury began deliberations on Tuesday and informed the judge about the deadlock on Friday.
According to a report from NBC News, Judge Maxwell Wiley told the jurors “he would confer with defense attorneys and prosecutors before issuing further guidance.”
Penny is facing up to 15 years in prison if convicted.
New York City Mayor Eric Adams, a Democrat, publicly rooted for Daniel Penny’s acquittal before the jury deliberations began.
“The young man, in this case, was going within our system, throughout the revolving door of our system. Now, we’re on the subway where we’re hearing someone talking about hurting people, killing people,” Adams said on the show on Saturday.
“You have someone on that subway who was responding, doing what we should have done as a city in a state of having a mental health facility,” Adams added.
The mayor continued, “Those passengers were afraid. I’ve been on the subway system. I know what it is as a police officer to wrestle or fight with someone. It is imperative that we look at the totality of this problem.”
Adams said that he hopes the jury heard “all the facts” and that they will make the right decision.
“Based on all the facts that’s laid out, a jury of his peers will make the right decision. I don’t want to prejudge that,” Adams said.
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