Jury in Daniel Penny's Trial Struggles to Agree on Manslaughter Charge in Choking Case
By: Hurubie Meko and Anusha Bayya (The New York Times)
The NYT seems undecided. Is this because of the tarnished prosecutorial reputation in New York? Or is it because Democrats have not yet been forced to give up the reigns of power? Or does the unbiased liberal press need to prepare the public before endorsing four more years of peaceful protest? "No Justice, No Peace"
Can Jordan Neely become the next George Floyd? Must be time to think about breaking windows, liberating pharmacies and beauty salons, throwing a few concrete milkshakes, and maybe burn a building or two. But the unbiased liberal press has been so wrong about so much, lately, that a half-hearted attempt to objectively report the news seems prudent.
S E E D E D C O N T E N T
Dec. 6, 2024 -- Jurors in Manhattan sent a note on Friday morning to a judge overseeing the Daniel Penny trial saying that they had come to an impasse on whether he was culpable in the choking death of a disturbed subway passenger last year, leaving unresolved a case that has come to exemplify New York's post-pandemic struggles.
After nearly three days of deliberations, the jurors — seven women and five men — sent a note to the judge, Maxwell T. Wiley, saying: "We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on count one, manslaughter in the second degree."
Justice Wiley responded by reading the jury a so-called Allen charge, official instructions for the jurors to resume deliberations and for those in the minority to reconsider their position in an effort to reach an agreement.
"It's not uncommon for juries to believe they will never be able to reach a unanimous decision," he said, adding: "I'll ask you to continue deliberations on that count."
Justice Wiley said he had to decide if a unanimous agreement was impossible on the manslaughter charge before considering if the jury could move onto deliberating the second charge: criminally negligent homicide.
Prosecutors said Mr. Penny fatally choked the subway passenger, Jordan Neely, a 30-year-old former Michael Jackson impersonator who struggled with his mental health, when he held him in a chokehold for about six minutes on the floor of an F train in May of 2023.
In the instructions the jurors were given, they were told that they had to first consider the charge of manslaughter and come to an agreement. If they believed that Mr. Penny, a 26-year-old former Marine, was guilty, they would not need to consider the second charge.
It was unclear if jurors would be able to consider the second charge if they failed to reach an agreement on the first, and they were asking for instructions on Friday about what to do.
Upon receiving the jury’s note on Friday, Mr. Penny’s lawyer, Thomas A. Kenniff, argued that it would be “coercive” to ask the jurors to continue to deliberate.
“The defense position at this time is we are moving for mistrial,” Mr. Kenniff said. “The jury has been deliberating for roughly 20 hours, over four days, on what is in many ways a factually uncomplicated case.”
Dafna Yoran, an assistant district attorney, pushed back, calling it “crazy” to have a hung jury simply because jurors aren’t able to consider a second count.
“Jury deliberations are not intended to be easy, they’re difficult in every single case no matter how strong the evidence,” Justice Wiley told the jurors before sending them back out of the courtroom.
After the jury left, Justice Wiley told the parties that he was still trying to find the relevant case law to help him in making a decision about whether the jurors can deliberate on the second charge Mr. Penny faces if they fail to reach an agreement on the first.
Hurubie Meko is a Times reporter covering the New York Police Department and criminal justice in the New York region.
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Apologies to the Bard.
Apologies to the bored?
In my most humble opinion...
If Neely were White and Penny was Black, there would have never been a trial.
Neely would be a progressive hero, in that situation.
There would be statues raised in his honor
And the headline would have read, White fascist trump supporter subdued by good Samaritan saving thousands.
It's always race, right? Sad.
Tell that to BLM and the people screaming racism.
Then explain why Penny was put on trial and Jordan Williams wasn't.
It is with BLM. And BLM is considering whether or not to stage protests coerce another trial.
Obviously race was an issue for Alvin Bragg's prosecution. Bragg just wanted a conviction on any charge. Perp walking the white guy would be justice for DEI. Neely was a drugged up banger with a mental disability; a poster child of DEI and a martyr for BLM.
there was a recent stabbing in NYC that fits that scenario....Bragg dropped the charges.
It's a travesty this was ever charged. With all the actual crime in NY, this and a witch-hunt against Trump is what they devote their resources to.
I wonder how many New Yorkers are in Penny's corner and how may want him convicted? I hope the one's in his corner stay strong for "NO" charges against him.
Because of a deadlock, the judge dismissed the manslaughter charge but is letting them continue to deliberate on a negligent homicide charge. Commentary from defense lawyers is that this is highly unusual and was done over the defense's objection.
I wonder how many New Yorkers are in the UHC CEO's killer and want him convicted? Isn't murder wrong?
You have a right to defend yourself and others against imminent threat of death?
He was charged with manslaughter, not murder. There is big difference. That charge has been dismissed.
The remaining charge is criminally negligent homicide. They'll reconvene Monday to figure that one out.
So only certain people deserve to be killed? Did the shooter of the UHC guy deem him to be a threat?
Thou shalt not kill.
Thou shalt not bear false witness.
Yet Democrats/leftists do that all the damn time. Which is how we end up with these BS trials.
What are you talking about? I believe you will have a hard time claiming someone walking away from you on a public street and you shoot them in the back is somehow a threat, but maybe in your mind that's possible.
The dumbass shit humans do to justify the killing of another.
He didn't kill him. Evidence shows that.
But but but that coroner said she watched the video and based her decision only on that.
And some idiots are gullible enough to take that "evidence"
There was no "justified killing", there was a self-defense of oneself and others and the perpetrator died in the process. Good rule of thumb would be, don't threaten other people with death because they may act accordingly.
I can't tell if you are being obtuse or just not understanding my point. Both killers justified their killing of another. Everything else is irrelevant to my post. YOU can justify one over the other but you don't seem to care that 2 people are still dead.
I care that a man was assassinated and the other died due to his violent threats.
Yes, I've noted you care more about the justifications of the killings more than the deaths themselves. No more needs to be said.
Then why do you keep responding?
The top charge has been dismissed.
Top Charge in Daniel Penny Case Dismissed Following Deadlocked Jury
OPINION: The Judge in the Daniel Penny Case Is Trying to Rig a Guilty Verdict – RedState
bizarre. The judge seems desperate for a conviction
While I do not doubt he was doing what he thought was best to defend himself and others putting the person in a chokehold for 6 minutes seems like too much, most people I've seen in chokeholds are unconscious in about 15 seconds..
This is a tough one
The particular choke hold applied by Daniel Penny is a blood Choke, both carotid arteries are closed and with in seconds blood flow to the brain is stopped. It does not stop oxygen to the lungs. That being said Daniel Penny's hold was not applied properly. His left arm was not against the artery. His other arm was out of place too.
Was it filmed or something?
Just saw where BLM is out there calling for riots for Neeley's overdose.
I thought they were too busy embezzling the donations to Buy Large Mansions to do anything effective.
BLM leader: "God damn America and those white people on the jury"
Time for corporations to give them tens of millions of dollars again, I guess.
I wonder if those dumbasses realize they are free to leave if they don't like the country.
What other country celebrates laziness and gives away cash every month for that laziness?
They aint doing nowhere
Good point.
I'm curious if Bragg will prosecute any rioters as fast as he did Penny.
Doubtful
If any of them get violent and get taken out by the police, assuredly the cop would be charged with murder and the perp will have a statue raised in his honor.
Penny acquitted!
Should have never been brought to trial.
The judge must be devastated.
Another failure of Alvin Bragg.
This is a win for the people of NY.
The ultimate prize would be to remove Bragg from his position.
Oh, oh. didn't go as he "planned" TFB