The jury told the judge they were deadlocked on the top charge in the so-called subway chokehold case. Friday, Dec. 6, 2024.
© Merrily Cassidy/Cape Cod Times / USA TODAY NETWORK + © Seth Harrison, The Journal News / USA TODAY NETWORK
(New York, NY) – The judge in the so-called Manhattan subway chokehold trial is reportedly considering declaring a mistrial, after the jury became deadlocked on the top charge. Daniel Penny, a Long Island native and Marine veteran, stands accused of causing the death of Jordan Neely — on an F train in May 2023.
Penny’s attorneys argued he used a chokehold to subdue Neely because the man was being threatening to other passengers. Prosecutors argue he went too far and held the chokehold too long. They say Penny is responsible for Neely’s death, while defense attorneys maintain a combination of drug use, longstanding medical conditions, and the “struggle” in fact caused the homeless man’s death.
It was around 11:00 am on Friday — after deliberating for days — that the jury sent the judge a note, indicating they were unable to come to a unanimous verdict on manslaughter in the second degree. That charge — which could put Penny behind bars for up to 15 years. In order for jurors to convict on manslaughter two, prosecutors would have to prove Penny acted “recklessly.” Later in the day, after the jurors had been told to keep deliberating, the group told the judge they were deadlocked on manslaughter — for a second time.
Penny is also charged with criminally negligent homicide, which is a lesser count. It’s possible the jury will be told to consider that charge, or a mistrial could be declared.
