Daniel Penny verdict thrown into chaos by deadlocked jury: Live trial updates

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.

‘I’ll take a chance and grant the people’s application,’ Judge Wiley said after the prosecution asked to dismiss the manslaughter charge against Penny because jurors could not agree on a verdict.

The judge added:’Normally the distinction between the two counts is very clear. The justification adds another element to it which is at play here.’

Jurors would now have to deliberate on the second charge against the veteran – negligent homicide.

Penny’s lawyer had opposed the prosecution motion, saying ‘This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion.’

Assistant District Attorney Dafna Yoran has asked the judge to dismiss the manslaughter charge against Penny so the trial can go on delibarating on the second charge, of negligent homicide.

Penny’s lawyers have opposed the move, saying this would be ‘elbowing the jury, coercing them.’

Yoran is illustrated below in court on December 2.

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.’

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.

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.

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.

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.

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.