The trial began on Oct. 21.
Daniel Penny, who is charged in the death of Jordan Neely, walks into the courthouse as closing arguments begin in his trial, Dec. 2, 2024, in New York.Little more than an hour into deliberations the jury asked for a readback of a portion of the judge's instructions on the law. The jury is interested in the part about justified use of force.
The jury -- comprised of seven women and five men -- is considering whether to convict Penny of manslaughter and negligent homicide in the death of Jordan Neely, a 30-year-old homeless man, on a New York City subway train. To convict, prosecutors have told the jury that Penny's use of lethal force must be considered unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Defense attorneys told the jury that Penny was only trying to protect subway passengers.
Defense attorneys also said that Penny never intended to kill Neely, while prosecutors said they do not have to prove Penny intended to kill Neely to have the jury hand down a guilty verdict.
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