The jury in the trial of Daniel Penny, a former Marine accused of manslaughter in the death of Jordan Neely, is deadlocked on the manslaughter charge. The jury sent a note to the court on Friday (December 6) after 16 hours of deliberation, indicating their inability to reach a unanimous decision on the charge.

Penny, 26, faces charges of second-degree manslaughter and criminally negligent homicide after placing Neely in a chokehold on a New York City subway in May 2023. Neely, a 30-year-old street artist, was acting erratically and shouting at passengers when Penny restrained him. The incident was captured on video, which became a key piece of evidence in the trial.

Prosecutors argue that Penny acted recklessly by maintaining the chokehold even after Neely stopped moving, while the defense claims Penny was protecting other passengers from a perceived threat. The jury has not yet considered the charge of criminally negligent homicide, as they must first reach a decision on the manslaughter charge.

"It would be a crazy result to have a hung jury just because they can't move on to the second count?" prosecutor Dafna Yoran said.

Later in the day, Judge Maxwell Wiley dismissed the manslaughter charge against Penny after the jury remained unable to render a unanimous decision. He then instructed the jury to begin deliberating the second charge on Monday.

The case has sparked debate over public safety, mental health, and race relations, with Penny being white and Neely Black. If convicted, Penny could face up to four years if he is convicted of criminally negligent homicide.

Dan Caplis