Jury in Daniel Penny trial unable to reach unanimous decision

A jury has sent a note saying it cannot reach a unanimous decision on the manslaughter charge in the trial of Daniel Penny, the former Marine accused of killing subway performer Jordan Neely with a chokehold in May 2023.

The development came as deliberations stretched into a fourth day Friday. The jury is not permitted to consider the second count, criminally negligent homicide, until it has reached a unanimous decision on the manslaughter count.

The judge instructed the jury to try again to reach a consensus. The defense moved for a mistrial, a request that was not granted. The judge indicated, though, that a new trial may be required on the lesser charge if no agreement is reached on the top count.

Penny has pleaded not guilty to both charges.

Earlier in the week, jurors asked to review police and bystander video at the heart of the case. On the second day of deliberations, the anonymous jury also asked to rehear part of a city medical examiner’s testimony. The request included her testimony about issuing a death certificate without getting toxicology test results for Neely.

Penny has pleaded not guilty to manslaughter and criminally negligent homicide.