Daniel Penny has been found not guilty of criminally negligent homicide for the death of Jordan Neely by the jury on Monday.
Peter Charalambous, Aaron Katersky, and Kiara AlfonsecaThe jury in the Penny trial continued deliberations Monday over whether he committed criminally negligent homicide when he placed Neely in a chokehold on a subway car last year, after the jury was deadlocked on the more serious charge of manslaughter last week.
Prosecutors allege that Penny killed Neely, a 30-year-old homeless man who had previously been a Michael Jackson impersonator, when he placed him in a six-minute-long chokehold on a subway car in May 2023, holding Neely for at least 51 seconds after his body went limp. Assistant district attorney Dafna Yoran argued Penny knew his actions could kill Neely but continued to hold him in a chokehold for "way too long" and "didn't recognize his humanity.
Wiley denied a new motion for a mistrial made Monday morning by Penny's defense lawyers, who argued that the dismissal of the manslaughter charge would influence the jury's verdict. To prevent the possibility of influencing the jury, Wiley proposed issuing a new instruction to the jury explicitly stating that the court is "not directing you to any particular verdict."
Last week, the jury spent more than 23 hours across four days deliberating whether Penny, a 26-year-old former Marine and architecture student, committed second degree manslaughter before repeatedly signaling that they could not reach a unanimous verdict.
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