Jury Deadlocked On Manslaughter Count In Daniel Penny Trial


NEW YORK, NEW YORK - DECEMBER 03: Daniel Penny returns to the courtroom after a break during his trial at Manhattan Criminal Court on December 03, 2024 in New York City. Closing arguments have ended and the jury is expected to deliberate in the trial in trial of Penny, 26, a former Marine, who is charged in the death of Jordan Neely by choking him during an altercation involving panhandling on a New York City subway car. (Photo by Michael M. Santiago/Getty Images)
Daniel Penny returns to the courtroom after a break during his trial at Manhattan Criminal Court on December 03, 2024 in New York City. (Photo by Michael M. Santiago/Getty Images)

OAN Staff Sophia Flores
8:42 AM – Friday, December 6, 2024

A 12-person jury is unable to reach a unanimous decision on Daniel Penny’s manslaughter charge.

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On Friday, the jury sent a note stating that it is having a hard time reaching a unanimous consensus on whether or not to convict Penny of “recklessly” killing Jordan Neely after placing him in a six-minute chokehold on a subway in May 2023.

Lawyers defending Penny said that the 26-year-old Marine Veteran was protecting his fellow subway riders from Neely who yelled “someone’s going to die today!” when he boarded the uptown F train.

They also say that there’s no proof beyond reasonable doubt that the chokehold is what caused Neely’s death.

On the other side, Manhattan prosecutors stated that Neely never threatened anyone in particular and that he didn’t have any weapons on him, just a muffin in his pocket.

The hung jury first started deliberating on early Tuesday afternoon.

If they are unable to reach a verdict, Manhattan Supreme Court Justice Maxwell Wiley will be required to give them an “Allen” charge. An Allen charge urges jurors to re-examine their positions in order for them to work towards finding a unanimous consensus.

Penny faces up to 15 years behind bars if he is convicted on the manslaughter charge. If he is convicted on a less serious count, he faces up to four years in prison.

This is a breaking story. Check back for updates.

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