Daniel Penny jurors tell judge they can't agree on top charge in subway chokehold case --Judge asks jurors to keep trying | 6 Dec 2024 | Jurors on the Daniel Penny chokehold trial returned to deliberations for a fourth day Friday for just an hour before telling the court they could not come to an agreement on the top charge, manslaughter, as they weigh the fate of a 26-year-old Marine veteran and architecture student accused of killing a mentally ill homeless man who threatened to kill people on a Manhattan subway car. Around 11 a.m., the jurors sent a note to the court stating, "We the jury request instructions from Judge [Maxwell] Wiley. At this time, we are unable to come to a unanimous vote on count 1 -- manslaughter in the second degree." The judge sent them back to deliberate more, but they told the court shortly after 3 p.m. that they still could not reach a unanimous decision. The charge requires prosecutors to prove that Penny acted with recklessness when he grabbed Jordan Neely in a chokehold. Neely had barged onto the train while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.