The jury must now continue deliberations on the second charge of criminally negligent homicide.
NEW YORK CITY—A judge on Dec. 6 dismissed the manslaughter charge against Daniel Penny after a jury could not reach a unanimous verdict on the count.
The jury must now continue deliberations on the second count of criminally negligent homicide. The jury had been deliberating since Tuesday on Penny’s trial over last year’s subway death of Jordan Neely.
Earlier on Friday, the jury informed Judge Maxwell Wiley that it was unable to reach a unanimous decision on the top charge of manslaughter in the second degree.
In response, he directed the jurors to keep deliberating in an attempt to reach a unanimous decision in what is known as an Allen charge.
After a few hours, the jury still remained deadlocked on the first charge, causing the judge to dismiss the manslaughter count against Penny.
The jury must now deliberate on the count of criminally negligent homicide.
The courtroom at 100 Centre Street in lower Manhattan has been alternately crowded and near-deserted in these final days of the trial, as the jury has briefly returned to review evidence again and the judge has held brief conversations, some of them contentious, with the lawyers.
Penny’s trial on that charge and the second count has been going on since the first week of November. The jury finally began its deliberations on Tuesday afternoon, following summations from the defense and prosecution at the start of the week.
Since beginning its deliberations, the jury has made a number of requests, including for the replay of footage from the scene of the May 1, 2023, incident in which Jordan Neely died, for a chance to review portions of the trial transcript, and for clarification of the judge’s instructions regarding self-defense and the use of deadly force.
By Michael Washburn
