New York, NY – The trial of Daniel Penny, who has pleaded not guilty to charges of manslaughter and criminally negligent homicide related to the death of Jordan Neely in May, has encountered delay as jurors remain divided. Deliberations, which began on Tuesday, stalled when the jury informed Judge Maxwell Wiley that they were unable to reach a unanimous verdict on the manslaughter charge.
Tensions rose in the courtroom as deliberations extended into their fourth day, amounting to around 20 hours of discussions over what defense attorney Thomas Kenniff described as a “factually uncomplicated case.” Kenniff subsequently requested a mistrial, suggesting that further pressure from an Allen charge, which mandates the jury to continue deliberations in an effort to reach a verdict, might prove coercive.
Assistant prosecutor Dafna Yoran, representing the Manhattan District Attorney’s Office, contested Kenniff’s assessment, recommending that the judge issue the Allen charge. This was the jury’s first indication of deadlock, she pointed out, urging continued deliberation.
In the secluded environment of the jury room, members reviewed several key evidential materials such as bystander and police body camera footage, and Penny’s interview with detectives post-incident. They also revisited the medical examiner’s testimony and sought clarifications on legal definitions pertaining to the charges.
Acknowledging both the meticulous nature and the complexity of the jurors’ task, Judge Wiley decided against a mistrial. Instead, he instructed the jury to persist, emphasizing the need for a just verdict without compromising individual conscience.
Daniel Penny, a former Marine and architecture student, encountered Neely, who was noticeably disturbed and voicing despair on a New York City subway. According to witness accounts, Neely shouted about his plight, discarded his jacket, and mentioned indifference to his own life. Reacting to Neely’s condition, Penny applied a chokehold that lasted six minutes and persisted beyond the subway’s stop. Neely, who had been living homeless and suffered from mental health issues, was found to have synthetic marijuana in his system at the time of the incident.
The cause of Neely’s death has been sharply contested. While a city medical examiner attributed the fatality to neck compression due to the chokehold, defense-hired experts argued that a combination of factors including a sickle cell crisis and Neely’s pre-existing mental health conditions were responsible.
Penny’s defense insists that his actions, aimed solely at restraining Neely until police could intervene, were not intended to harm. This perspective is in direct contention with prosecutorial claims which label the chokehold as reckless and unjustified, given the circumstances leading to Neely’s death on that May afternoon.
As this high-stakes legal battle unfolds, observers and participants await a resolution that hinges on a jury now tasked with a deep, conscientious review of a complex and emotionally charged case.
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