According to a Fox News report, the jurors on the Daniel Penny chokehold trial in New York City cannot reach a consensus on the most serious charge: manslaughter.
The jurors sent a note to the judge Friday morning.
“We the jury request instructions from Judge [Maxwell] Wiley. At this time, we are unable to come to a unanimous vote on court 1 – manslaughter in the second degree,” the note read.
From Fox News:
The charge requires prosecutors to prove that Penny acted with recklessness when he grabbed Jordan Neely in a chokehold. Neely had barged onto the train while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.
“In this case, I think that they can’t move on to count 2 unless they find the defendant not guilty of count 1,” Wiley told attorneys for both sides, despite protests from the prosecution. “I have to at least try to ask the jury to find a verdict on count 1.”
Count two is a lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.
Wiley said he would give the jurors “Allen charge” instructions after giving the attorneys time to review.
Allen charges refer to jury instructions given to a hung jury urging them to agree on a verdict. They have a controversial history, with critics warning they can push jurors to change their views under peer pressure. They get their name from an 1896 Supreme Court decision in Allen v. United States.
Neely was a 30-year-old with schizophrenia who told straphangers that someone was going to “die today” and that he didn’t care about going to prison for life. Penny grabbed him from behind in a chokehold to stop the outburst.
Texas Rep. Dan Crenshaw reacted to the deadlock on X.
“A hung jury in the Daniel Penny case is frightening. What a damning message – from our own culture – to any man willing to fight for others. He showed courage when others wouldn’t, stepping up to protect innocent people in a dangerous situation—something we used to consider “heroic” in America. Even NYC’s mayor agrees. This should have been an easy not guilty verdict. Praying for that man.”
A hung jury in the Daniel Penny case is frightening. What a damning message – from our own culture – to any man willing to fight for others. He showed courage when others wouldn’t, stepping up to protect innocent people in a dangerous situation—something we used to consider…
— Dan Crenshaw (@DanCrenshawTX) December 6, 2024
This story is developing…
BREAKING: Daniel Penny jurors tell judge they can't agree on top charge in subway chokehold casehttps://t.co/ad8R0aNsZX
— Fox News (@FoxNews) December 6, 2024
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