The judge instructed the jury to continue deliberating in order to reach a unanimous decision in the Daniel Penny trial.
NEW YORK CITY—On Dec. 6, a judge directed the jury in the Daniel Penny trial to keep deliberating after they indicated they were unable to reach a unanimous verdict on the top charge of manslaughter.
Penny faced charges of manslaughter in the second degree and criminally negligent homicide in connection with the subway choking death of Jordan Neely last year.
Upon receiving a note from the jurors stating, “At this time, we are unable to come to a unanimous vote on Count One, manslaughter in the second degree,” Judge Maxwell Wiley issued an Allen charge, instructing the jurors to continue deliberating.
The defense objected to the Allen charge, expressing concerns that it could be coercive, and requested a mistrial. The judge acknowledged the possibility of a mistrial if the jury still couldn’t reach a unanimous decision after further deliberation.
The trial, which began in early November, has seen the courtroom at 100 Centre Street in lower Manhattan filled with spectators during the final days. The jury, after reviewing evidence and receiving instructions from the judge, has been deliberating since Tuesday.
Throughout the deliberations, the jury has made several requests, including a replay of footage from the incident, a review of trial transcripts, and clarification on self-defense and the use of deadly force instructions.
As anticipation for a verdict grows, Neely’s father has taken legal action against Penny by filing a lawsuit in the Supreme Court of New York, seeking damages that lower courts may not be able to grant.
