| Advertisement |
Dec. 4 (UPI) -- The jury in the manslaughter trial of Marine veteran Daniel Penny, accused in last year's chokehold death of a homeless man on a New York City subway, began deliberations Tuesday and ended the day without a verdict. Penny, 26, is charged with second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, 30, in May 2023.
Advertisement
Neely -- a Black street performer with a criminal history who suffered with mental illness -- was held in a 6-minute chokehold, according to prosecutors, after some witnesses testified he yelled he was ready to die, go to jail or kill before Penny restrained him.
"We are here today because the defendant used way too much force for way too long in way too reckless of a manner," prosecutor Dafna Yoran said in her closing arguments Tuesday.
"The defendant was given all the signs that he needed to stop. He ignored them, he kept going until a man died. He must be held accountable," Yoran added.
The defense argued Monday that Penny "was justified in the actions he took to protect other riders."
Neely "was on a collision course with himself" and Penny "acted when others could not," argued defense attorney Steven Raiser, who said there was "very little room" for subway passengers to run for safety.
"The government wasn't there. The police weren't there. Danny was," said Raiser. "And when he needed help, no one was there. The government has the nerve to blame Danny because police weren't there?"
During the month-long trial, the jury of 12 New Yorkers saw video of Penny's interview with New York Police Department investigators.
"I wasn't trying to injure him," Penny claimed last year. "I'm just trying to keep him from hurting anybody else. He was threatening."
Witnesses on the train testified for both sides.
"I truly believed that I was going to die in that moment," said Caedryn Schrunk.
Johnny Grima testified he was "concerned about the man because he was not moving."
While prosecutors argued that Penny should have used a less lethal method to restrain Neely, the defense suggested that drugs or a sickle cell trait led to Neely's death despite the medical examiner repeatedly testifying that he died from neck compression.
The trial has divided New York City as Mayor Eric Adams weighed in last month in defense of Penny.
"We're now on the subway where we're hearing someone talking about hurting people, killing people," said Adams on the Saturday episode of The Rob Astorino Show.
"You have someone on that subway who was responding, doing what we should have done as a city. Those passengers were afraid."
During the trial, Penny did not testify.
On Tuesday, the jury asked for a readback of the judge's instructions on the law about justified use of force. In order to convict, prosecutors said Penny's use of lethal force must be considered unjustifiable or reckless.
If convicted, Penny -- who pleaded not guilty -- could face up to 15 years in prison. Jury deliberations will continue Wednesday.
