The deliberations in the trial against Daniel Penny continue

NEW YORK – Deliberations in the trial against Daniel Penny will continue on Wednesday. charged in the subway chokehold death of Jordan Neely last year.

The deliberations began on Tuesday afternoon. The jury deliberated for at least five hours between Tuesday and Wednesday morning.

The jury sent a message to the judge Wednesday morning requesting access a video compilation depicting the events of May 1stincluding body camera video, witness cell phone video and Penny’s interview at the station.

This follows a notice sent out on Tuesday afternoon seeking feedback on the justifications and definitions of the offenses charged.

The jury of seven women and five men decides whether Penny is guilty Manslaughter and negligent homicide in Neely’s death.

Witnesses said Neely did it behaved erratically on board a train last May.

Penny’s defense team said he was protecting subway riders and only intended to restrain Neely and hold him for the police. Prosecutors say the Marine veteran behaved recklessly when he held Neely by the neck for nearly six minutes.

This was decided by the city’s coroners Neely died of neck compressionbut a pathologist hired by the defense contradicted this statementwhich attributed the death to a number of other factors, including drug use and sickle cell disease.

If the jury convicts Penny of the more serious charge of manslaughter, which carries a possible sentence of up to 15 years in prison, they will not be asked to reach a verdict on the lesser charge of involuntary manslaughter, which carries a possible sentence of four years in prison can be.