The jury in Daniel Penny's lightning rod Manhattan manslaughter trial failed to reach a verdict Thursday after being asked again to review shocking footage of the fatal subway crash during the third day of deliberations.
Jurors will be asked to re-watch a minute of footage shot by a shaken high school student in May 2023 that shows him grabbing 26-year-old Marine veteran Jordan Neely by the neck on the floor of a crowded F train. demanded.
The short video, shot by a nervous-looking Yvette Rosario, was first released during Penny's trial. Penny testified that she was terrified when Neely, a 30-year-old troubled homeless man, barged onto the train and began yelling abuse. .
Rosario, now 19, told jurors when she took the stand in Manhattan Supreme Court last month that she was “so nervous that I almost fainted.”
For the second day in a row, jurors reviewed the infamous six-minute video filmed by a Mexican journalist that showed Penny restraining Neely for several minutes, including after Neely appeared to stop moving on his own. I asked for
The harrowing video, shot by Juan Alberto Vazquez, was played more than a dozen times in the courtroom during the four-week trial.
During subsequent deliberations, the 12 jurors, seven women and five men, asked the judge to use the “recklessness and negligence” law in considering whether to convict Penny of manslaughter or manslaughter. requested that the definition be clarified.
As part of the instructions, the jury must consider whether Penny “recklessly” caused Neely's death in order to convict him of manslaughter.
If the jury finds Penny not guilty of manslaughter, it will then consider whether Penny is guilty of manslaughter. Negligent homicide refers to cases in which a person fails to recognize the danger of his or her act and nevertheless commits it.
The jury began deliberating around 1:15 p.m. Tuesday after weeks of testimony in the high-profile trial.
Penny cannot be convicted of both charges, but he maintains his innocence.
The defense argued that Penny's actions were “fully justified” to protect his fellow passengers from Neely, with witnesses saying Penny threatened and threatened other passengers before letting Neely off the plane. .
They also claim that Neely died from a combination of schizophrenia, drug use, genetic illness, and a struggle with Penny.
Prosecutors argued during the trial, drawing on testimony from 40 witnesses, including fearful straphangers, that Penny was “criminally reckless” and went “too far” while pinning Neely down.
Penny could face up to 15 years in prison if convicted of manslaughter, which would be the maximum sentence.
