NEW YORK (AP) — The judge overseeing the trial of a man accused of using a deadly chokehold on an unruly subway passenger dismissed the top charge in the case Friday at the request of prosecutors, allowing jurors to consider a lesser count after they
NEW YORK — The judge overseeing the trial of a man accused of using a deadly chokehold on an unruly subway passenger dismissed the top charge in the case Friday at the request of prosecutors, allowing jurors to consider a lesser count after they said they were deadlocked on whether Daniel Penny was guilty of manslaughter.
The jurors have been deliberating since Tuesday on whether to convict Penny in the death of Jordan Neely. Penny, a former U.S. Marine, placed Neely in a chokehold for about six minutes on a New York City subway in 2023 after Neely got on the car yelling and asking people for money. The panelists sent Judge Maxwell Wiley a note in the morning stating they were unable to agree on a verdict on the manslaughter charge.
But he warned that if they cannot, a new trial will have to be scheduled with a different jury and there’s no reason to think any other jury would be more fair or hard-working than them. Penny is facing a second count of criminally negligent homicide, but the jurors were instructed that they must reach a verdict on the manslaughter charge before they can move on to that.
Shortly before taking a lunch break, the jury also requested clarification on how they determine whether a person reasonably believes physical force to be necessary.Wiley told the jury it was for them to decide what a reasonable person would do in the situation — whether a person would have reasonably believed Neely was about to use physical force against Penny or someone else.
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