Jurors in Daniel Penny Case Ask to Rewatch Subway Chokehold Video, District Interview

A Manhattan jury continued deliberations Wednesday in the case of Daniel Penny, accused of choking Jordan Neely on an uptown F train last year — and members asked for a chance to consider key evidence in the case.

Jurors sent a message to the judge just before 11 a.m. Wednesday asking them to rewatch a bystander video that captured Penny holding Neely in a chokehold on the floor of an uptown F train for several minutes . They also wanted to see a compilation of body-worn camera videos from officers who responded to the incident at the Broadway-Lafayette Street subway station on May 1, 2023, as well as a video of Penny’s interview with detectives at a nearby precinct several hours ago later.

Penny is charged with manslaughter or negligent homicide. He faces a maximum of 15 years in prison if convicted of the highest charge against him.

The jury began deliberating Tuesday afternoon. They must decide whether Penny caused Neely’s death, whether he knew or should have known that he was endangering Neely’s life, and whether his actions were justified.

Prosecutors argued that Penny “went way too far” and killed Neely by holding him by the neck longer than necessary. Penny’s lawyers say he was trying to protect himself and his fellow passengers and argued that Penny’s actions may not have directly led to Neely’s death.

This is a developing story and may be updated.