This story has been updated.
After three days of deliberations, the jury in Daniel Penny's trial reported On Friday, prosecutors ruled that they could not reach a verdict on the first count of second-degree manslaughter. drop the bill.
Penny, a 26-year-old Marine Corps veteran, was arrested after getting into an argument with a man named Jordan Neely, who was making death threats against passengers on the New York City subway. The video showed Penny putting the man in a chokehold, which resulted in Neely's death. Penny was charged with manslaughter by Manhattan District Attorney Alvin Bragg.
On Friday, prosecutors told the judge they could drop the first count in order to proceed with the trial in response to the jury's development. The judge said he did not feel comfortable continuing the case against Penny and adjourned to consider the matter.
When the judge returned, he agreed to dismiss the first count and continue the case on the second count. The second charge is criminally negligent homicide, which carries reduced penalties if convicted.
Several witnesses on the subway defended Penny, calling his actions a hero, but some activists accused him of racism because Neely was black.
This is a developing story and additional information has been added.
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