The jury in the Daniel Penny trial has been deliberating for three days, and it just informed the Judge that it is unable to reach a verdict on the most serious charge, manslaughter in the second degree:
The Manhattan jury deliberating Daniel Penny’s case in the chokehold death of Jordan Neely on a New York City subway last year is deadlocked on the manslaughter charge, according to a note the panel sent to the court Friday.
The 12-person jury sent the note marking its impasse after 16 hours of deliberating since they got the case Tuesday afternoon. The judge and the parties are conferring over how to respond.
Penny, 26, faces one count of manslaughter in the second degree and one count of criminally negligent homicide in Neely’s death.
It is likely the Judge will send them back for further deliberations. We will update this post as more information becomes available and further court proceedings take place.
*UPDATE 3:20PM* The jury came back with a second note, reiterating they’re deadlocked on the first charge.
Fox News adds details:
Around 11 a.m., the jurors sent a note to the court stating, “We the jury request instructions from Judge [Maxwell] Wiley. At this time, we are unable to come to a unanimous vote on court 1 – 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 had barged onto the train while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.”In this case, I think that they can’t move on to count 2 unless they find the defendant not guilty of count 1,” Wiley told attorneys for both sides, despite protests from the prosecution. “I have to at least try to ask the jury to find a verdict on count 1.”Count two is a lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.He then brought up new instructions and gave the attorneys time to review.
An ALLEN CHARGE has been given per News Nation:
The judge in the trial of Daniel Penny, who is charged in the death of Jordan Neely after placing him in a chokehold for several minutes on a New York City subway, implored jurors to reach a verdict Friday.Judge Maxwell Wiley gave jurors the Allen charge on Friday, which are instructions reminding the jurors of how much time and money has gone into the case and how imperative it is that they reach a decision.
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