Jury in Daniel Penny subway death told to keep deliberating after saying they are deadlocked on manslaughter charge

[mahatmakanejeeves]

Source: CNN

Jury in Daniel Penny subway death told to keep deliberating after saying they are deadlocked on manslaughter charge

By Lauren del Valle, Gloria Pazmino, Eric Levenson and Celina Tebor, CNN
6 minute read * Updated 1:17 PM EST, Fri December 6, 2024

New York (CNN) -- The Manhattan jury deliberating Daniel Penny's case in the chokehold death of Jordan Neely on a New York City subway last year said Friday they were deadlocked on the manslaughter charge, but the judge instructed them to continue deliberations.

Judge Maxwell Wiley gave the instruction over objections from Penny's defense attorneys who moved for a mistrial over the deadlocked panel of 12 Manhattanites. ... "It's not time for a mistrial," Wiley told the attorneys outside the presence of the jury.

The jury sent the note marking its impasse after 16 hours of deliberating since they got the case Tuesday afternoon. ... One male juror shook his head looking down as Wiley instructed the jury to "be flexible" as they move forward in deliberations.

Penny, 26, a former Marine, faces one count of manslaughter in the second degree and one count of criminally negligent homicide in Neely's death.

Penny cannot be convicted of both charges, according to the judge's instructions to the jury. Jurors can only consider the criminally negligent homicide charge if they find Penny not guilty of second-degree manslaughter.

{snip}

Read more: https://www.cnn.com/2024/12/06/us/daniel-penny-jordan-neely-trial-verdict/index.html

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It's here too:

Jury Deadlocks In NYC Subway Chokehold Killing
December 6, 2024

https://www.joemygod.com/2024/12/jury-deadlocks-in-nyc-subway-chokehold-killing/

[TomSlick]

1. It's routine to instruct a jury to keep deliberating before declaring a mistrial.

Often, the Judge will give a "dynamite instruction," telling the jury why it is important that they try to resolve the case.

[Igel]

4. In this case, he's rewriting his charge to the jury.

Jurors can only consider the criminally negligent homicide charge if they find Penny not guilty of second-degree manslaughter.

Becomes, 'Never mind what I said, it's a mulligan: So let's pretend that first charge doesn't exist so now you must consider the newly only remaining charge.'

Judge apparently forgot that really, datur tertium.

[Eugene]

3. Judge dismisses manslaughter charge against Daniel Penny after jury deadlocks twice

Judge dismisses manslaughter charge against Daniel Penny after jury deadlocks twice (The Independent)

A judge has dismissed the manslaughter charge against Daniel Penny over the death of a homeless man on a New York City subway after jurors deadlocked twice in one day.

Penny faced a charge of manslaughter in addition to criminally negligent homicide in the death of Jordan Neely, who Penny held in a chokehold for about six minutes on a New York City subway in 2023.

Earlier Friday the judge urged jurors to keep deliberating and read them an Allen charge — an instruction urging them to make every possible effort to reach a verdict.

Criminally negligent homicide carries punishments ranging from probation to up to four years in prison.

https://news.yahoo.com/news/jury-deadlocked-manslaughter-charge-daniel-165233008.html