Jurors in the trial of Daniel Penny in the suffocation death of Jordan Neely, which was caught on subway camera, refused Friday to accept the topmost charge of manslaughter, even after a Manhattan judge told them to return and continue the trial. He said he was still struggling to reach a verdict.
The 12-member panel first said around 11 a.m. that it could not make a decision on the charges, and about three hours later sent a second memo to the court with a similar message.
After jurors sent their first letter, Manhattan Supreme Court Judge Maxwell Wiley told jurors he found Penny, 26, guilty of “recklessly” causing Neely’s death. He said he was having trouble reaching an agreement on whether to convict him. May 2023 in a 6 minute choke hold.
“I’m not asking any of you to violate your conscience,” Wiley said, using the “Allen” phrase often used in instructions by judges urging jurors to reach a unanimous verdict. He said as he read out what was called an accusation.
“Be flexible. Be willing to change positions,” the judge added.
It was not immediately clear Friday whether the jury would consider a lesser charge of manslaughter if it could not reach a verdict of manslaughter.
Assistant District Attorney Dafna Yoran urged the judge to let the jury consider reducing the charges if they can’t reach an agreement on the manslaughter wrap, while Penny’s attorneys argued for a mistrial.
“It would be an outrageous outcome for the jury to be hung simply because the case cannot proceed to a second trial,” Yoran told the judge.
Minutes after being brought back to the jury room to continue deliberations, the panel asked the judge, “a reasonable person,” to decide whether Penny, 26, was justified in putting Neely, 30, in a chokehold. ” sent another letter asking for clarification of the term. .
To acquit him for cause, the jury must ask whether, if the Marine Corps veteran used deadly physical force, was it necessary to do so to protect himself or others on the subway? Then, it is necessary to judge whether he is a “reasonable person” in Penny’s position. I would have acted the same way.
“At the end of the day, it’s up to you to decide what constitutes a rational person,” the judge said.
“I hope that helps,” he added before sending them back to the jury room for deliberations.
Jurors continued deliberating early Tuesday afternoon.
Penny’s lawyers argued that the Marine Corps veteran and aspiring architect was justified in defending his passengers from a man who witnesses said yelled, “Someone’s going to die today!” And the one who said he was going to jail if he rode the F train uptown.
But prosecutors stressed that no witnesses testified that Neely specifically threatened anyone, touched anyone or brandished a weapon. Police later found only the muffin in his pocket.
Penny’s lawyers also argued there was no evidence beyond a reasonable doubt that strangulation caused Penny’s death.
A jury found that Penny “recklessly” strangled Neely to death after nearly all of the terrified passengers exited the Broadway-Lafayette station, knowing Neely could die. He is considering whether to convict him of second-degree manslaughter. .
Also, that Penny failed to realize that choking the troubled homeless man could potentially kill him, but Penny should have known Neely could have died. If found, there is a possibility that he will be convicted of negligent homicide.
If the panel determines that prosecutors have not proven beyond a reasonable doubt that Penny’s actions were unjustified, the panel could acquit Penny entirely.
Penny faces up to 15 years in prison if convicted of manslaughter and up to four years in prison if convicted of the lesser charge.
