Penny was found not guilty of criminally negligent homicide.
Daniel Penny arrives at Manhattan Criminal Court as a jury continues deliberations in the trial of the former Marine sergeant facing charges of manslaughter and criminally negligent homicide for fatally strangling Jordan Neely, a homeless man, on a New York City subway car in 2023, in New York, Dec. 9, 2024.in the chokehold death of Jordan Neely, following nearly a week of deliberations.
The jury deliberated for more than 24 hours across five days before acquitting Penny of criminally negligent homicide on Monday. They were previously deadlocked on the more serious charge of second-degree manslaughter, which Judge Maxwell Wiley dismissed on Friday at the request of prosecutors.The jury submitted several questions to the court during the course of their deliberations, giving some insight into their thinking.
The jury subsequently requested to see two bystander videos capturing the moments when Penny placed Neely in a chokehold. The jury had already requested one of the two bystander videos the previous day. "We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one," the note said.
"Ultimately what a reasonable person is up to you to decide," Wiley told the jury in response to their note, referring them to a two-part test in jury instruction. MORE: Manslaughter charge dismissed in Daniel Penny trial, jury to consider negligent homicide chargeThe jury announced Monday morning they had reached a unanimous decision on count two -- finding Penny not guilty of criminally negligent homicide.Neely's father cursed in anger shortly after the verdict and was forcibly removed from the courtroom by a court officer. Others in the gallery shouted, and one woman broke down in tears.
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