Jury Unable to Reach Unanimous Decision in Daniel Penny Trial
A jury has sent a note saying it cannot reach a unanimous decision on the manslaughter charge in the trial of Daniel Penny, the former Marine accused of killing subway performer Jordan Neely with a chokehold in May 2023.
Fourth Day of Deliberations
The development came as deliberations stretched into a fourth day Friday. The jury is not permitted to consider the second count, criminally negligent homicide, until it has reached a unanimous decision on the manslaughter count.
Judge’s Instructions and Defense Request
The judge instructed the jury to try again to reach a consensus. The defense moved for a mistrial, a request that was not granted. The judge indicated, though, that a new trial may be required on the lesser charge if no agreement is reached on the top count.
Penny’s Plea and Charges
Penny has pleaded not guilty to both charges.
Reviewing Evidence
Earlier in the week, jurors asked to review police and bystander video at the heart of the case. On the second day of deliberations, the anonymous jury also asked to rehear part of a city medical examiner’s testimony. The request included her testimony about issuing a death certificate without getting toxicology test results for Neely.
Key Witnesses and Testimony
A pathologist hired by the defense testified that Neely died from a mix of schizophrenia, K2 use, a genetic condition and his struggle with Penny.
Dr. Cynthia Harris, the city medical examiner, testified that Neely’s autopsy, the bystander’s video and investigative findings gave her all the information she needed. She stated that even if toxicology tests had shown the presence of large amounts of fentanyl, it would not have changed her opinion that the chokehold caused Neely’s death.
Case Background
The case has stirred debate about public safety, societal responses to mental illness and homelessness, the line between self-defense and aggression, and the role of race in all of it. Penny is white, while Neely was Black.
Protesters and Supporters
A few protesters have routinely gathered outside the courthouse to decry Penny as he comes and goes. Some Penny supporters also have appeared, sometimes holding a flag.
Conclusion
The jury’s inability to reach a unanimous decision on the manslaughter charge has left many wondering what will happen next in the trial. While the defense has argued that Penny was justified in his actions, the prosecution believes that he recklessly killed Neely. The jury’s decision will have a significant impact on the family of Jordan Neely and the community at large.
FAQs
Q: What is the nature of the charges against Daniel Penny?
A: Daniel Penny is accused of killing Jordan Neely with a chokehold in May 2023. He has pleaded not guilty to charges of manslaughter and criminally negligent homicide.
Q: What is the significance of the jury’s inability to reach a unanimous decision?
A: The jury is unable to consider the criminally negligent homicide charge until it reaches a unanimous decision on the manslaughter charge.
Q: What was Dr. Cynthia Harris’s testimony about?
A: Dr. Harris testified that she issued a death certificate based on the autopsy, bystander video, and investigative findings, and that she would not have changed her opinion even if toxicology tests had shown the presence of fentanyl.
Q: Who is Jordan Neely and what was his background?
A: Jordan Neely was a subway performer who was known for his erratic behavior and ominous words, which frightened passengers.
