NEW YORK– The jurors in the fatal case of Daniel Penny test in the subway told the judge Friday morning that they cannot reach a unanimous verdict on the top manslaughter charge.
The judge is considering whether to give them a so-called Allen charge – an instruction that urges them to do everything in their power to reach a verdict.
Penny is charged with manslaughter and negligent homicide in the death of Jordan Neely, who put Penny in a chokehold on a New York City subway for about six minutes in 2023.
Negligent homicide carries penalties ranging from probation to up to four years in prison. Manslaughter charges, a more serious crime, can carry up to 15 years.
Murder due to criminal negligence involves the commission of serious “culpable conduct” while such a risk is not recognized. However, in manslaughter, it must be proven that a suspect recklessly caused the death of someone else.
Jurors must decide on the manslaughter charge before the second indictment.
Prosecutor Dafna Yoran noted that “it would be an insane outcome if the jury were hung” just because they cannot reach the second indictment.
Penny’s lawyers say he was protecting himself and other subway passengers from a volatile, mentally ill man who made alarming comments and gestures. Prosecutors say Penny reacted far too forcefully to someone he viewed as a danger, not a person.