Jury in Daniel Penny subway death says it’s deadlocked again on manslaughter charge

The Manhattan jury deliberating Daniel Penny’s case in the chokehold death of Jordan Neely on a New York City subway last year said Friday they were deadlocked on the manslaughter charge, but the judge instructed them to continue deliberations.

The Manhattan jury deliberating Daniel Penny’s case in the chokehold death of Jordan Neely on a New York City subway last year said Friday they were deadlocked on the manslaughter charge for a second time. Judge Maxwell Wiley had instructed the jurors to keep deliberating after they were deadlocked on the second-degree manslaughter charge earlier in the day. Penny’s defense attorneys objected and moved for a mistrial over the deadlocked panel of 12 Manhattanites. “It’s not time for a mistrial,” Wiley told the attorneys outside the presence of the jury, after the jury first reported being deadlocked. The jury sent its first note marking its impasse after 16 hours of deliberating since they got the case Tuesday afternoon and the second note three hours later. One male juror shook his head looking down as Wiley instructed the jury to “be flexible” as they move forward in deliberations. Penny, 26, a former Marine, faces one count of manslaughter in the second degree and one count of criminally negligent homicide in Neely’s death.