Jury deliberations in the Daniel Penny trial ended Thursday afternoon for the third straight day without a verdict.
Penny was seen entering and exiting Manhattan Criminal Court throughout the day as the jurors — made up of seven women and five men — re-examined video footage and expert testimony in their ongoing effort to decide the fate of the Marine veteran and determine whether he should be held culpable for the death of homeless subway performer Jordan Neely.
Thursday’s deliberations took place after the jury requested videos Wednesday showing the May 1, 2023 chokehold aboard a Lower Manhattan F train. Footage recorded by a Mexican journalist who witnessed the incident unfold and body camera footage of officers responding to the scene were among the evidence called upon. They also wanted to rewatch Penny being quizzed by detectives at the station house following the deadly encounter.
The day continued on without any further requests until that afternoon when jurors, this time, asked to revisit a portion of the cross-examination of the city medical examiner, Dr. Cynthia Harris.
Harris testified that Penny’s chokehold ultimately killed Neely. While toxicology results showed that Neely had drugs in his system, such as synthetic marijuana, she declared she did not believe it contributed to his passing.
“No toxicology result could have changed my opinion,” Harris said, adding that even if “Enough fentanyl in his system to put down an elephant,” Harris said. She went on to say that the 30-year-old homeless man showed signs of a “terminal brain injury” after he was placed in the chokehold.
Penny’s legal team has continued to push the belief that Neely’s demise was caused by substances in his system while also painting him as an out-of-control, mentally unstable menace who was threatening the lives of passengers and has referred to Penny as a hero for stepping in to save those aboard.
The prosecution, however, have argued that there was no evidence that Neely was going to harm anyone on that subway ride and that Penny acted negligently, ultimately killing Neely and holding onto the chokehold got far too long.
“Today I want justice for Jordan Neely,” Neely’s uncle, Christopher Neely said outside the courthouse minutes after the Jury went home for a third day without rendering a verdict.
Deliberations are expected to resume Friday morning.
Check with amNY.com for the latest on the trial; we will provide updates when a verdict is in.
