Daniel Penny jurors struggling to reach consensus on top charge, manslaughter, which carries a max sentence of 15 years in prison for the death of Jordan Neely.
NEW YORK – Jurors on the Daniel Penny chokehold trial returned to deliberations for a fourth day Friday for just an hour before telling the court they could not come to an agreement on the top charge, manslaughter, as they weigh the fate of a 26-year-old Marine veteran and architecture student accused of killing a mentally ill homeless man who threatened to kill people on a Manhattan subway car. Around 11 a.m.
In this case, I think that they can't move on to count 2 unless they find the defendant not guilty of count 1,' Wiley told attorneys for both sides, despite protests from the prosecution. 'I have to at least try to ask the jury to find a verdict on count 1.' Count two is a lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison. He then brought up new instructions and gave the attorneys time to review.
Penny remained at the scene and spoke with responding officers. He also agreed to speak with NYPD detectives at the Fifth Precinct building. 'He was talking gibberish ... but these guys are pushing people in front of trains and stuff,' he told investigators. There were more than 20 subway shoves in the year before Penny's encounter with Neely. Just three days earlier, a straphanger had been stabbed with an ice pick on a J train, according to reports from the time.
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