The jury deliberating over the fate of Daniel Penny is stuck.
After deliberating since Tuesday on the manslaughter charge against Penny, the jury said it is unable to reach a consensus on the charge, according to the New York Post.
The manslaughter charge alleges that Penny acted recklessly in May 2023 when he put Jordan Neely in a chokehold to subdue him after Neely was acting in a threatening manner on a New York City subway.
Neely was in the chokehold for about six minutes. Although he later died, the defense has said the chokehold may not have caused his death.
Penny’s lawyers have said the former Marine was justified in his actions to restrain Neely, who witnesses have said exclaimed, “Someone’s going to die today.”
The prosecution said that Neely never actually threatened anyone with a weapon.
Penny is not just facing a second-degree manslaughter charge. The jury could also find him guilty of criminally negligent homicide, but can only consider that charge if they cannot agree on the manslaughter charge.
A manslaughter conviction could send Penny to prison for up to 15 years; conviction on the criminally negligent homicide charge would cap the potential prison time at four years.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on count one, manslaughter in the second degree,” the jury note said, according to The New York Times.
Will Daniel Penny be convicted?
“It’s not uncommon for juries to believe they will never be able to reach a unanimous decision,” Judge Maxwell Wiley responded, adding, “I’ll ask you to continue deliberations on that count.”
One male juror shook his head as the judge told them to “be flexible,” according to CNN.
“It’s not time for a mistrial,” Wiley said in court while the jury was not present.
Defense attorney Thomas Kenniff said the jury will not reach a verdict on the charge.
“The jury has been deliberating for roughly 20 hours over four days on what is in many ways a factually uncomplicated case, an event that transpired over minutes on video,” Kenniff said.
The jury sought clarification on the judge’s instruction that they must decide if Penny acted as a “reasonable person” would have acted in the situation.
“We the jury request further clarification in the determination of whether a person reasonably believes physical force to be necessary,” the jury note said. “We would like to better understand the term reasonable person.”
“Ultimately what a reasonable person is, is up to you to decide,” Wiley told the jury.
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