The Manhattan jury mulling the fate of Daniel Penny told Judge Maxwell Wiley they were deadlocked on the manslaughter charge after 16 hours, but Wiley ordered them to continue deliberations, CNN reports.
Defense attorneys moved for a mistrial, but Wiley told them "it's not time for a mistrial," according to the outlet.
The 26-year-old Penny, a Long Island resident from West Islip, is charged with manslaughter and criminally negligent homicide in the death of 30-year-old Jordan Neely aboard a Manhattan subway car on May 1, 2023.
Multiple witnesses told NYPD detectives that Neely, a well-known Michael Jackson impersonator, had been shouting about being hungry and not wanting to live when the two men got into a physical altercation.
Penny placed the man in a chokehold for several minutes and he eventually died, according to prosecutors and bystander video. The New York City medical examiner's office ruled the death a homicide, with prosecutors alleging he was in the chokehold for six minutes.
Penny claimed he was trying to protect fellow subway riders and only meant to restrain Neely until police arrived, but prosecutors argued he used too much force for too long.
Video of the incident went viral on social media, sparking nationwide outrage and protests over the decision to not arrest Penny immediately afterward.
Penny is a 2016 graduate of West Islip High School, where he played varsity lacrosse. He later served in the Marine Corps from 2017 to 2021, and was assigned as a rifleman to Camp Lejeune in North Carolina.
Writing about Neely's death on a GoFundMe page to help his family with memorial expenses, his aunt Carolyn Neely recounted how Neely's mother was murdered in 2007.
It's been rough for him and all of us," she said. "We just want justice for him, please give what you can with your heart. He has so many fans, he will always be loved and remembered."
Jurors can only consider criminally negligent homicide charges if they find Penny not guilty of second-degree manslaughter; he cannot be convicted of both charges.
In New York, a conviction for second-degree manslaughter carries a prison sentence of up to five to 15 years, while a conviction for criminally negligent homicide could net you up to four years behind bars.
This continues to be a developing story. Check back to Daily Voice for updates.
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