Posted originally on the CTH on December 6, 2024 | Sundance

The jurors in the trial of Daniel Penny have been in deliberations since Tuesday. Today the jury informed the judge they are deadlocked and unable to come to a verdict.

The 12-person jury sent a note Friday morning saying they are having trouble reaching a consensus on whether to convict Penny, 26, of “recklessly” causing Neely’s death by placing him in a six-minute chokehold back in May 2023. If the jury continues to be unable to reach a verdict, Manhattan Supreme Court Justice Maxwell Wiley would be required to give them what’s known as an “Allen” charge, urging them to reach a unanimous verdict.

NEW YORK – Jurors are deadlocked in the case of marine veteran Daniel Penny, 24, who pled not guilty to manslaughter charges brought on after he held street performer Jordan Neely in a fatal chokehold on a New York City subway train last year.

Jurors began deliberations on Tuesday in the trial of a military veteran accused of causing the death of a man with a chokehold on a New York subway, and ended with uncertainty this morning as the jury failed to come to a decision.

The judge emphasized the jurors’ duty to reach a verdict, stating that “deliberations were not intended to be easy,” but they should “harmonize” their views and make a decision.

“It would be a crazy result to have a hung jury because they can’t move onto the second count,” prosecutor Dafna Yoran was overheard telling the judge. Judge Wiley is now contemplating whether to issue an Allen charge to encourage a unanimous decision.

An Allen charge is a court order given to a deadlocked jury to motivate them to reach a unanimous verdict. A deadlocked jury may also lead to a retrial of the case. It can also lead to a hung jury, causing a retrial or a mistrial. A hung jury is unable to reach a verdict by the required voting margin and will often result in a retrial. In some cases, the judge may instruct the jury to continue deliberation, but this is not a common practice. (read more)

Penny’s lawyers have said the Marine veteran and aspiring architect was justified in protecting passengers from a man who witnesses said yelled, “Someone’s going to die today!” and said he was ready to go to jail after boarding the uptown F train. But Manhattan prosecutors have stressed that no witness testified that Neely threatened anyone specifically, touched anyone, or brandished a weapon.

This trial has the potential to change the way people respond to crisis events and threats of danger.

I hope, for a myriad of reasons, Mr Penny is able to walk out of the courtroom a free man.