Jury deliberations continue Wednesday in the New York subway chokehold case

A Manhattan jury failed to reach a verdict Tuesday in the case of Daniel Penny, the former Marine accused of killing Jordan Neely when he held Neely in a chokehold for about six minutes on the New York City subway last year. They will discuss further on Wednesday.

After deliberating for more than two hours, jurors sent a message asking the judge to recess for the day.

“It’s time for you to leave this courthouse,” Judge Maxwell Wiley said, adding, “Have a nice evening.”

Prosecutors and defense attorneys made their closing statements on Monday and Tuesday. The two sides offered conflicting accounts of Neely’s death, which was caught on camera and sharply divided viewers across the city and beyond.

Defense attorney Steven Raiser argued that the chokehold did not directly lead to Neely’s death and that the medical examiner’s office rushed its autopsy results to appease protesters. He also said Penny had “put his life on the line” for “complete strangers” on the train who were afraid of Neely’s behavior, adding that Penny had not intended to kill Neely.

Assistant District Attorney Dafna Yoran told jurors that Neely died because Penny held him in a chokehold for too long. She said Penny knew he was risking Neely’s life and still continued to hold him around his neck because he “just didn’t realize that Jordan Neely was also a person who needed to be preserved.”

Penny was riding an uptown F train on May 1, 2023, when Neely boarded and began yelling at passengers, according to witness statements and Penny’s previous statements to investigators. People who were on the subway that day testified in court that Neely screamed that she was hungry, thirsty and ready to die or go to prison.

According to evidence presented in court, less than 30 seconds later, Penny put his arm around Neely’s neck and pulled him to the ground. He continued to hold on after the doors opened and the train stopped at the Broadway-Lafayette Street station — including for nearly a minute after Neely’s last visible movement was seen on bystander video taken during the incident that later went viral. Neely was pronounced dead soon after.

Penny pleaded not guilty to charges of manslaughter and involuntary manslaughter. The jury must decide whether his actions led to Neely’s death and whether they were justified under the circumstances. They must also determine whether Penny knew or should have known that he was putting Neely’s life at risk.

If convicted of the most serious charge, Penny could face up to 15 years in prison. A judge could also choose not to sentence him to prison. If the jury cannot reach a unanimous verdict, prosecutors must decide whether to dismiss the case or try Penny a second time with a new jury.

This is a developing story and may be updated.