By Daily Mail (U.S.) | Created at 2024-12-06 20:42:32 | Updated at 2024-12-23 03:00:52
2 weeks ago
The fate of Marine veteran Daniel Penny has been thrown into uncertainty after a blockbuster trial full of shocking testimony, telling videos and graphic images.
Penny, a young Marine veteran, was charged with manslaughter for stepping in when Neely, a mentally ill homeless man, threatened subway passengers on an F train on an early summer afternoon in New York City in May 2023.
He placed Neely in a chokehold on the train car floor, holding him there until police arrived. Neely was declared dead in the hospital and Penny was charged.
He was vilified as a racist vigilante and lampooned by liberals. But many others took his side, heralding him a hero of a lawless city who did what no one else was prepared to do.
The jury of 12 New Yorkers were forensic with the evidence, poring over testimony transcripts and watching bodycam footage from the day in question multiple times.
But today, they announced they had failed to come to a unanimous verdict on the key charge of second degree manslaughter.
Penny's lawyers have asked for a mistrial. Prosecutors want to pursue on the lesser charge of criminally negligent homicide.
The Marine veteran, now 26, faces up to 15 years in prison for charges of manslaughter.
Jury cannot reach verdict on key manslaughter charge
The jury cannot reach a verdict on the most important charge - second degree manslaughter.
Now, prosecutors have asked if they can dismiss the charge and have the jury focus solely on the lesser charge of criminally negligent homicide.
Penny's lawyers are asking for a mistrial.
They say the prosecution's request is a desperate last-ditch effort to get any charges to stick.
What if the jury can't reach a verdict?
Judge Wiley warned that if the jury cannot come to an unanimous vote, a new trial will have to be scheduled with a different jury.
He said two and a half days of deliberations may seem like a long time, but 'given the factual complexity of the case, I don’t think it’s too long.'
Jurors have been deliberating since Tuesday
The Manhattan jurors have been deliberating since Tuesday on whether to convict Daniel Penny in the death of Jordan Neely, who the Marine veteran held in a chokehold for about six minutes on a New York City subway on May 1, 2023.
The panelists sent Judge Maxwell Wiley a note in the morning stating they were unable to agree on a verdict on the manslaughter charge.
Wiley then read them what’s known as an Allen charge — an instruction urging them to make every possible effort to reach a verdict.
As he pressed the jurors to continue, Wiley commended them for being “very conscientious in your deliberations,” noting that it’s not uncommon to have difficulties in reaching a verdict.
The jury then came back again, saying they are unable to vote unanimously.
Meghan McCain expresses outrage over Penny trial
NYC Mayor defends Daniel Penny
Among Penny's supporters was New York City Mayor Eric Adams.
In a shock intervention this weekend, before the trial was reached, Adams spoke out to criticize the media for how they presented Neely.
He also praised Penny for his actions, and slammed the New York City systems that allowed Neely, who was mentally ill and violent, to walk free.
Who is Daniel Penny?
Penny, a star Lacrosse player in high school, grew up in West Islip in southern Long Island with his three sisters and parents.
Those who knew him have described a good kid who was always eager to help those around him.
Penny's military service, which included two deployments, earned him various ribbons and awards, and he reached the rank of sergeant before leaving active duty in 2021.
Prosecutors showed the jury shocking evidence in closing arguments
Assistant District Attorney Dafna Yoran on Tuesday displayed a graphic photo of inside Neely's eye, taken during an autopsy after his death, which shocked the room.
The image was blasted across four screens - two facing the jury, a third facing the viewing gallery and a fourth directly in front of the defendant.
Meanwhile Penny's lawyer tore into the prosecution after journalists were peppered with emails from the DA's office ordering them to include certain details in their stories.
In his closing arguments defense attorney Steven Raiser pointed out no expert witness during the trial could prove key elements beyond reasonable doubt.
Everything we know about NYC chokehold case
Neely's death on the subway car last spring sparked racial tensions in the Big Apple as groups such as Black Lives Matter sought to paint Penny as an overzealous, white ex-Marine targeting an innocent black man.
However, the national attention on the trial has also seen many conservatives question why Penny was even charged.
Penny was charged with manslaughter and criminally negligent homicide. He faces up to 15 years in prison.
