Jury Deadlocked in Trial of Former Marine Accused of Killing Subway Performer
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.
Deliberations Stretch into Fourth Day
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 Next Steps Unclear
It wasn’t immediately clear if the judge would send the jury back to try again to decide on the manslaughter charge.
Penny’s Plea
Penny has pleaded not guilty to both charges.
Jurors Review 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.
Prosecution and Defense Arguments
Prosecutors say he recklessly squeezed Neely’s neck too hard and for too long. Penny’s defense maintains he was justified in acting to protect fellow subway riders from Neely, whose erratic behavior and ominous words were frightening passengers.
Medical Examiner’s Testimony
Jurors sought a second look at a bystander’s video that captured much of the restraint; responding officers’ body camera videos; and police video of Penny’s subsequent station house interview with detectives.
Defense Challenges Medical Examiner’s Determination
A major aspect of Penny’s defense entails contesting the city medical examiner’s office’s determination that the chokehold killed Neely.
Neely’s Autopsy and Toxicology Report
In part of the testimony jurors reheard Wednesday, city medical examiner Dr. Cynthia Harris said Neely’s autopsy, the bystander’s video and investigative findings gave her all the information she needed.
“No toxicological result imaginable was going to change my opinion,” she said, even if they showed “enough fentanyl to put down an elephant.”
Neely’s Medical History
Fentanyl is a powerful opioid that caused an estimated 75,000 overdose deaths in the U.S. last year. Neely was ultimately found to have a different drug — synthetic marijuana, often known by the street name K2 — in his system when he died. Harris testified that deaths from K2 overdoses are very rare, particularly in people with normal hearts, as Neely had.
Defense’s Expert 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.
Case Highlights
Witnesses said Neely boarded a train in Manhattan on May 1, 2023, started moving erratically, yelling about his hunger and thirst, and proclaiming that he was ready to die, go to jail or — as Penny and some other passengers recalled — kill.
Penny came up behind Neely, grabbed his neck and head, and took him to the floor. The veteran later told police he “just put him in a chokehold” and “put him out” to ensure he wouldn’t hurt anyone.
Community Reaction
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.
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 brought the trial to a standstill, leaving the fate of Daniel Penny uncertain. The case has sparked intense debate and emotions, highlighting the complexities of public safety, mental health, and racial dynamics.
FAQs
Q: What is the charge against Daniel Penny?
A: Penny is accused of manslaughter and criminally negligent homicide in the death of Jordan Neely.
Q: What is the defense’s argument?
A: Penny’s defense maintains that he was justified in acting to protect fellow subway riders from Neely, whose erratic behavior and ominous words were frightening passengers.
Q: What is the prosecution’s argument?
A: Prosecutors say Penny recklessly squeezed Neely’s neck too hard and for too long, leading to his death.
Q: What is the significance of the medical examiner’s testimony?
A: The medical examiner’s testimony is crucial in determining the cause of Neely’s death, with the prosecution arguing that the chokehold caused his death and the defense disputing this claim.
Q: What is the role of race in the case?
A: The case has sparked debate about the role of race, with some arguing that Penny’s actions were motivated by racial bias and others maintaining that the case is not about race but about public safety and self-defense.
