Jurors in the trial for U.S. Marine veteran Daniel Penny have revealed that they are deadlocked on the manslaughter verdict.
On Friday, members of the jury sent a note to the judge saying they could not reach a consensus on whether to convict Penny of “recklessly” causing the death of Jordan Neely.
Neely, a homeless man who was violently threatening passengers on a New York City subway train last year, died after being restrained by Penny and other bystanders.
The jury has been deliberating on the controversial case since Tuesday afternoon.
Jurors must determine whether Penny caused Neely’s death by “recklessly” keeping him in a chokehold after frightened passengers left the train, the New York Post reported.
The jury must also decide whether Penny’s actions amounted to a lesser charge of criminally negligent homicide.
If convicted of second-degree manslaughter, Penny faces up to 15 years in prison.
However, Penny faces up to four years if convicted of the lesser charge.
As the Post reported, Judge Maxwell Wiley will be required to give them an “Allen” charge if the jury cannot reach a verdict.
Wiley is encouraging the jurors to continue deliberations to reach a unanimous verdict on count 1 of the indictment.
The prosecution has argued that 26-year-old Penny held Neely in a chokehold for six minutes in May 2023.
Prosecutors claim that the chokehold caused Neely’s death.
Penny’s defense, meanwhile, has argued that there is doubt about whether Neely died from the chokehold.
His lawyers note that he could have died due to his medical condition and the drugs in his system at the time of his death.
The court also heard that Neely was still alive when police arrived on the scene.
However, officers refused to give Neely CPR due to his poor hygiene.
Jurors have been asking to review crucial evidence in the case, including videos from the incident and Penny’s police interrogation.
During the interrogation, Penny was not told Neely had died.
The jurors have also asked Judge Wiley to reread the definitions of recklessness and negligence.
In addition, the jury also asked the judge to reread portions of New York medical examiner Dr. Cynthia Harris’s cross-examination.
Harris testified that she made the determination Neely died due to asphyxiation based on video alone.
She made this determination before the toxicology report came back showing high levels of drugs in Neely’s system.
During the trial, a leading forensic pathologist testified that the chokehold did not cause Neely’s death, as Slay News reported.
Dr. Satish Chundru took the witness stand and offered a dramatically different conclusion than the New York City Medical Examiner’s Office.
“The chokehold did not cause the death,” Dr. Chundru testified.
Chundru is a former Miami-area medical examiner who now runs a private practice in Texas conducting autopsies in a half-dozen counties.
The top expert told the court that he did not believe an air choke caused Neely’s unconsciousness and, therefore, did not cause his death.
Chundru said he found the cause of death to be “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.”
The case has divided the country.
Many believe Neely is the victim, despite making death threats to other passengers.
However, others, including “America’s Most Wanted” creator John Walsh, believe Penny is a hero for protecting passengers.
On Wednesday, Neely’s father filed a lawsuit against Penny for the death of his son, the New York Post reported.
He is demanding “judgment awarding damages in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.”
It’s unclear where Neely’s father was when his son was living rough on the streets.
READ MORE – Actress Dead After Consuming Frog Venom for ‘Toxic Cleansing’ at Spiritual Retreat
