Jury Deadlocked Over Manslaughter Verdict in Daniel Penny Trial: Report

The jury deciding Daniel Penny’s fate has informed the judge they cannot reach a unanimous verdict on the top charge, the Associated Press reports.

Jurors informed Judge Maxwell Wiley on Friday morning that they are deadlocked on Penny’s manslaughter charge, which could land Penny in prison for 15 years, per AP. The outlet reported the judge gave the twelve jurors an “Allen charge,” wherein jurors are encouraged to hash out their differences and reach a unanimous verdict in order to avoid a mistrial.

Penny, 26, is charged with manslaughter and criminally negligent homicide in the May 2023 chokehold death of Jordan Neely on a subway train in Manhattan.

He has pleaded not guilty to the charges. Prosecutors contend Penny used too much force on Neely for too long, while his defense team argues he was acting in defense of both himself and fellow passengers.

The Marine veteran restrained Neely in a chokehold on a northbound F train for several minutes, in an interaction captured on video, after Neely, a homeless subway performer, was verbally threatening other passengers, Manhattan District Attorney Alvin Bragg has said.

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Earlier this week, the jury requested to re-watch footage filmed by a freelance journalist on the train as well as police bodycam video and footage of Penny’s interrogation at a local precinct.

The case has become a national flashpoint on issues of vigilante justice and treatment of the mentally ill and homeless, as well as racial politics — Penny is White while Neely was Black.

This week, Penny was hit with a new civil suit filed by Neely’s father, Andre Zachery, who says his son’s death was caused by Penny’s “negligence, carelessness, and recklessness.”