The jurors delivered their verdict in Daniel Penny’s trial on Monday, finding the Marine veteran not guilty of criminally negligent homicide.
Penny, 26, pleaded not guilty to second-degree manslaughter and criminally negligent homicide for the death of Jordan Neely, a 30-year-old homeless man with schizophrenia. Penny restrained Neely in a chokehold after he made death threats against passengers on a New York City subway car in May 2023.
‘Who do you want on the next train ride with you?’
On Friday, the judge dismissed the manslaughter charge when the jury of 12, made up of seven women and five men, twice indicated they could not come to a unanimous verdict. The jurors were not allowed to deliver a decision on the lesser count until the top charge was settled.
During deliberation, the jury returned to the judge with at least seven notes to review the evidence and clarify definitions in the case.
To find Penny guilty, jurors were instructed that they had to conclude that his use of force was unnecessary and that he acted recklessly.
The cause of Neely’s death was heavily debated.
The prosecutors argued that Penny restrained Neely in a chokehold for too long. Their case relied on shaky…
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