Daniel Penny jurors tell judge they can't agree on top charge in subway chokehold case
Fox News
Jurors sent a note to the court about an hour into their deliberations Friday in the manslaughter case against Daniel Penny for the chokehold death of Jordan Neely.
They are being very deliberate and have since sent a note regarding the reasonable person standard. This reflects on the justification charge. If the jury does find the Government failed to disprove justification, the charges, including the top count, will be dismissed.
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.
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