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JURORS ON DANIEL PENNY CHOKEHOLD TRIAL STILL DELIBERATING AFTER FOURTH DAY
Jurors on the Daniel Penny chokehold trial returned to deliberations for a fourth day Friday, with several asks for clarification on key evidence and instruction from Judge Maxwell Wiley. Despite the requests, the jurors were unable to reach a unanimous decision on the top charge, manslaughter in the second degree.
The charge requires prosecutors to prove that Penny acted with recklessness when he grabbed Jordan Neely in a chokehold. Neely, a 30-year-old man with schizophrenia, had barged onto a Manhattan subway car while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.
The jurors’ latest note to the court stated, “We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on count 1 – manslaughter in the second degree.”
Judge Wiley instructed the jury to continue deliberating, but they sent another note shortly after 3 p.m. stating they were still unable to reach a unanimous decision.
Prosecutors face a challenge in proving Penny’s actions were reckless, as he claimed he was trying to subdue Neely, who was high on K2, a synthetic marijuana drug. Penny, a 26-year-old Marine veteran and architecture student, remained at the scene and spoke with responding officers, telling them that Neely was going to “kill someone” and that he believed his actions were justified.
The jury’s inability to reach a verdict on the top charge means they will not be moving on to consider the lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison. Prosecutors may ask to have the top charge dismissed, allowing the jury to deliberate on the lesser charge.
Penny’s defense team is urging the judge to declare a mistrial, with attorney Steven Raiser saying that a deadlocked jury on the top charge is “not a victory for the defendant in a case that should never have been brought to begin with.”