The jurors in the trial of Daniel Penny have been in deliberations since Tuesday. Today the jury informed the judge they are deadlocked and unable to come to a verdict.
The 12-person jury sent a note Friday morning saying they are having trouble reaching a consensus on whether to convict Penny, 26, of “recklessly” causing Neely’s death by placing him in a six-minute chokehold back in May 2023. If the jury continues to be unable to reach a verdict, Manhattan Supreme Court Justice Maxwell Wiley would be required to give them what’s known as an “Allen” charge, urging them to reach a unanimous verdict.
NEW YORK – Jurors are deadlocked in the case of marine veteran Daniel Penny, 24, who pled not guilty to manslaughter charges brought on after he held street performer Jordan Neely in a fatal chokehold on a New York City subway train last year.
Jurors began deliberations on Tuesday in the trial of a military veteran accused of causing the death of a man with a chokehold on a New York subway, and ended with uncertainty this morning as the jury failed to come to a decision.
The judge emphasized the jurors’ duty to reach a verdict, stating that “deliberations were not intended to be easy,” but they should “harmonize” their views and make a decision.
“It would be a crazy result to have a hung jury because they can’t move onto the second count,” prosecutor Dafna Yoran was overheard telling the judge. Judge Wiley is now contemplating whether to issue an Allen charge to encourage a unanimous decision.
An Allen charge is a court order given to a deadlocked jury to motivate them to reach a unanimous verdict. A deadlocked jury may also lead to a retrial of the case. It can also lead to a hung jury, causing a retrial or a mistrial. A hung jury is unable to reach a verdict by the required voting margin and will often result in a retrial. In some cases, the judge may instruct the jury to continue deliberation, but this is not a common practice. (read more)
Penny’s lawyers have said the Marine veteran and aspiring architect was justified in protecting passengers from a man who witnesses said yelled, “Someone’s going to die today!” and said he was ready to go to jail after boarding the uptown F train. But Manhattan prosecutors have stressed that no witness testified that Neely threatened anyone specifically, touched anyone, or brandished a weapon.
This trial has the potential to change the way people respond to crisis events and threats of danger.
I hope, for a myriad of reasons, Mr Penny is able to walk out of the courtroom a free man.
Have to wonder if the deadlock is in favor of acquittal or guilty verdict?
Anyone know the demographic composition of the jury?
Probably about the same as the OJ jury.
“Seven women. Five men.
Judge just told them to pick a side.”
https://x.com/jacoburowsky/status/1865078432851186151
UH such an order from the judge seems anti-justice, doesn’t it?
Sounds like a mistrial, and the lawyers on either side will end up using that as the excuse.
Anti-justice was him being charged with a crime at all. To add insult to injury, the semen donor dad of the street creature who died and his ambulance chasing attorney is suing Penny.
Lol, I guess this is why I’ve never been ‘randomly’ selected as a juror, I’d send a note to the Judge, “Ditto”… I can only hope, the jury is more hung towards Penny being not guilty and the judge is trying to smoke out the crazies. One can only hope…
It doesn’t matter. All it takes is ONE of the 12 to stand firm to acquit.
I’ll pray that one, whoever they are, remains resolute in the face of groupthink.
Take a look at the drawing of the jury above to figure out demographics.
My guess is that one of the holdouts for an acquittal is the older white woman wearing a mask…
Tall White men with blonde hair in New York City are not very common!
The jury has already reached a verdict.
On itself.
I gotta presume that the jury is “hung” because 1 or 2 jurors want him guilty, and not because 1 or 2 are holding on to “not guilty”.
Or there are paid jurors trying to push a guilty verdict.
I’d bet a hundo it’s the other way around. Sadly.
Remember that it’s happening in NYC…….. people there repeatedly elect dems so you can’t think of them as sensible people.
Half of the jurors have either been threatened on the subway or have been put in a state of fear on the subway, without direct threats. He will never be found guilty in NYC.
Having been attacked 3 times in 30 years, I would personally vote to acquit. Once was too many and I was very lucky each time.
I wonder if Bernhard Goetz is part of the jury.🙂
Typically a judge will exclude anyone who is a crime victim from the jury.
Hopefully
They are still liberals, believing that magic is possible.
The liberal(s) on the jury rationalize their guilty verdict in this manner: “Penny incapacitated the perp and surely had he loosened his ‘choke hold’ on him, the perp would have realized he stood no chance of hurting anyone. Or perhaps Penny could have restrained him by placing him on his stomach and kneeling on him.”
Such thinking moves from one argument to another, with each notion revealing a belief in easy solutions and/or magical thinking (a violent, illogical person magically transforming into a peaceful, logical person).
They believe “surely there was another way to save all the people on the subway from a man who was “distressed,” from simply trying to reason with him to finding another “hold” that would not hurt him, even as the man was struggline to free himself.
That’s a liberal.
Bound to be at least one juror who feels that since Penny is White, he didn’t deserve to get involved in the first place.
Kind of shoot the gun out of the hand not the bad guy thinking.
AKA: stupid
I hope he’s acquitted, and Pete Hegseth gives him a job in the Department of Defense.
LOL. Some heads will surely explode then.
Except that he wants to be an architect
Architect turned vigilante. Sounds like a movie plot.
Wasn’t Kersey an architect?
That comment will be a stretch for most.
Maybe he can re-design/re-purpose one of the .gov bldgs that DOGE shuts down.
Maybe Bondi can weigh in. What do you say Pam? Throw him under the bus for a few political points? Sounds like justice under the current paradigm to me.
Just like she did to George Zimmerman.
In over 20 years as a prosecutor in NY, I’ve never seen a judge allow a hung jury to happen without giving an Allen charge, or as one judge once put it, ” Time for a little dynamite to unstick the stuck”. If after the charge they’re hung, they’re hung is the consensus.
Could you explain the “Allen” charge a little more, please? Is the judge demanding that they come to an agreement and how is that not the basis for a mistrial if someone says they wanted to acquit but were not allowed to vote that way?
I have the same question are the Allen charge. Come to an agreement or what?
From Aria, the Opera AI:
An Allen charge, also known as a dynamite charge, is a specific type of jury instruction given by a judge when a jury is deadlocked and unable to reach a unanimous verdict. The purpose of this instruction is to encourage jurors, particularly those in the minority, to reconsider their positions and work towards a consensus.
So, basically, that sounds like the judge is attempting to intimidate a small percentage of the jurors to just shut up and go along with the majority?
For any attorneys on here, would that not be immediate grounds for an appeal if your client was convicted under such terms and members of the jury said they wanted to acquit but felt pressured by the judge to do otherwise?
If this turns into a mistrial Bragg will have egg on his fat face. It should be NOT guilty!
Injustice Barbie
Isn’t this called a Hung Jury?
yes
Kamala told Willie Brown she loved hung juries 🙂
This is some (expletive deleted) jury. This in my view, is a no brainer “NOT GUILTY”. There is no other verdict, period. New York has become a cesspool of ignorant, non-thinking idiots. They also had the stupidity of electing clowns like alvin bragg and letitia james. What a crap show this state had become, although, commiefornia would more than likely be no different.
I tend to lean towards Grace to the voter base in these leftist strongholds.
They’ve ALL learned the art of the steal.
Here’s my experience. Born in Chicago, moved out in 1978. After oblowme stole 2012 from Romney I looked up my voter status from the years I lived in Chicago. I found out I was still an active voter in the Chicago precinct I grew up in.
I would bet dollars to donuts I voted Democrat in Chicago, and Independent in the town I lived in at the time.
Prosecutor bragg won the election in 2012 83.6% to 16.3% for Thomas Kenniff. This was a margin of over 170,000 votes. I can’t buy the steal of that magnitude, has to be ignorance or he had a “d” by his name the other guy an “r”.
Free stuff is a great way to get votes!
“oblowme”. LOL!
You can include Minnesota and tiny timmy to the list of crap shows.
At what point does the government and the courts prove they are without value or authority?
Been that way since OJ was acquitted and Bill defined what is “is”
They should have walked in – NOT GUILTY – Walked out in 10 minutes… Anything more is a travesty for sure.
Two men involved in this incident, one is charged and one isn’t. The one who isn’t charged testified that the hold wasn’t tight enough to choke. Exactly what is the problem? Local news cannot say Penny’s name without the “Marine” precursor, NYC is lost.
NY is cursed. Which is why I moved out this year after a lifetime. I pray the innocent move out soon because the Lord will judge that state swiftly. CA will have a similar fate. So sad.
Mr. Penny’s only crime is being the wrong skin color.
1000 up votes.
Lt. Michael Byrd confirms your conclusion!
I pray he walks out of there a free man. Mr. Penny stood up for his fellow man. Reminds me of that time in NYC, a woman was attacked and no one did anything except peek out from behind their blinds.
Associated press
NYC Subway rider it fatally pushed onto tracks, reviving discussion about mentally illness in system.
And they want to put Daniel Penny in jail!
I believe you. But do you by chance have the link?
This was posted by Karen Matthew on March 26,2024
I think it’s happened several times this year.
“This trial has
the potential tochange[d] the way people respond to crisis events and threats of danger.”The damage has been done. Folks, for a long time, have been hesitant to get involved. This just moves folks further away from getting involved. The doubts, the fears, the cost of getting involved is just too steep to pay.
Jordan Neely should never have been free. 42 arrests, punched a lady in the face, broke her nose, in and out of mental institutions, revolving door NYC justice system.
” If the jury continues to be unable to reach a verdict, Manhattan Supreme Court Justice Maxwell Wiley would be required to give them what’s known as an “Allen” charge, urging them to reach a unanimous verdict.”
Sounds like jury tampering to me.
It’s more like the judge saying, “Go back and give it one more try.” It’s common with hung juries.
There’s a bit more to it than that, and many state courts do not allow so-called Allen charges exactly because many regard it as a form of jury tampering. There’s plenty of online resources and discussion if you’re inclined to pursue the subject.
It was my experience as a lawyer in Philadelphia that the judges there, and in general in PA, would send the jury back with the “give it one more try” or “try to focus on what the actual disagreements are” or something like that.
It was not considered tampering, but just trying to get the case to conclusion. Mistrials, retrials, are taxing on the the court system and on the parties and witnesses.
They WANT a nation of COWARDS – people who COWER.
I pray that the jurors who are voting “not guilty” stand firm.
translation:
Penny very likely read the threat level accurately. Passengers heightened fear level justified.
https://boriquagato.substack.com/p/penny-for-your-thoughts
“This trial has the potential to change the way people respond to crisis events and threats of danger.
I hope, for a myriad of reasons, Mr Penny is able to walk out of the courtroom a free man.”
🎯🏆
There are going to a lot more Kitty Genovese’s in that cesspool.
I was born in Manhattan and lived on 65th Street until 1963. It was a great place to grow up…
What a shame!
New York’s legal system is a steaming pile of 💩.
Maybe it’d be more acceptable in some 3rd world countries.
I thought the first responders detected life in him? Should toss it!!!
Lord Jesus, Your will be done.
This whole debacle has affected me deeply since day one. I have prayed and sought help from the elders in my church. I’m a 62 year old, big, relatively fit, quick thinking man. I have many years experience as a bouncer. I have decided, with prayer and forethought, that if faced with same or similar circumstances, THAT I WILL HAVE TO ACT!! But it is a bit easier for me than for most. I am unmarried, and I have no dependents.
No slight on the the very fine young man Mr. Penny, but I have learned from him, and will not talk to the police.
I am praying for his aquittal.
If the police were allowed to deal with crazies like Neely who wreak havoc against innocent citizens, then maybe there wouldn’t be a need for law-abiding citizens like Mr Penny to take matters into their own hands.
Lord have mercy on Daniel Penny!
Wrong place, wrong time: Right guy came to protect passengers and gets charged for such behavior. During trial major questions arose over subject’s actual manner of death, with head hunter prosecutor wanting nothing but a guilty verdict.
Dead person needed help prior, but all agencies failed, including family and relatives in diverting this man toward a better and more sane life: There are cracks in every system.
Imagine if our mentally unstable citizen had a serious weapon hidden on his person and then killed this veteran in a struggle: Would DA Bragg charge him? I doubt it.
This is a tragic story with no victors, everyone has paid a price-one person paid a final, deadly price–the person who started this interaction on the subway.
If found guilty, Daniel Penny’s life will be forever changed too.
Too late….
Fat Alvin never got into a wrestling match or physical altercation with any males when he was a kid.
He just sat there on the couch, eating twinkies.
Fat Alvin turned into a bully.
In the artist’s drawing of the jury, I see one juror is masked.
I wonder if that person wants to vote to acquit ….
No, that juror is the most obedient to authority!
Praying the jury decides in his favor. When are we going to be allowed to defend ourselves, our families, and our neighbors without being punished for it?
I know everyone already knows this, but back in the day… if a man was abusing his wife, her father and brothers could put the guy out of his misery – and justified in doing so. If someone raped your child, he could expect to be shot. Same with all the other violent crimes. The reason people “mind their own business” when a violent crime is in process is because they will be abused by the system, rather than the offender.
In California, if you are called to jury duty and answer the question affirmatively to “are you in favor of the death penalty?”, you are disqualified from the jury. I assume that is true in many other states. Yes, I am for the death penalty and yes, I am for defending myself and loved ones, come what may. I pray I never have to take a life.
The problem is thinking one needs to be “allowed” to defend themselves. There need to be repercussions for such an obviously ridiculous prosecution. Unfortunately it happens far too often where soulless prosecutors destroy the lives of people who did no wrong.
cannot stress proper form enuf with these situations.
The *one* thing that New Yorkers have been better at forever than those in other large cities is coming to the aid of strangers in danger.
If the jury blows this one and convicts Penny, you can kiss that goodbye. And *that* would be a sad day for NYC.
I find it unbelievable that they are a hung jury. In most Red states they would have come back in an hour with a not guilty verdict and a nasty note to Alvin Bragg for wasing their time by bringing this to trial in the first place. Most of the time would have been spent filling out paper work and writing the nasty note to Bragg.
Amen! keep praying.
Whoever wrote the article that was quoted above obviously lives in a safe space. Calling Neely a “street performer” does a disservice to actual street performers. A better description of Neely should have been “A mentally unstable individual prone to violent, threatening tendencies”. There. I pray Penny is found Not Guilty.
Pray for our young Marine Brother!
Pray for Daniel Perry.
I imagine the rather impressive election results for Trump has caused a bit of self reflection in some jurors. I can guarantee 100% if election was the other way, the verdict would be guilty in 10 minutes.
Impressive results Trump had in NY and northeast in general.
I’m not holding my breath. George Floyd “knee on the neck” is still fresh in the minds, and I’m sure they’ve been reminded numerous times.
Again, Penny doesn’t have the Media or the court system on his side, and now the parents are suing just like George Floyd. They didn’t give a rats ass about him until he was gone and they could make some bank on him death. Disgusting! I bet Ben Crump is advising…ambulance chaser.
Wanted more info on this nutcase prosecutor. Duck duck go wasn’t helpful so went to Yandex and found this.
Daniel Penny’s psycho lesbian prosecutor has a crazy ‘wife’ who just locked down her social media…
His prosecutor is Dafna Yaron—a radical, angry lesbian who’s married to an equally unhinged woman. Yaron’s “wife” recently locked down her “jihadist-looking” social media, but not before revealing just how insane this duo really is.
While Yaron’s accounts have been scrubbed, it seems the powers that be forgot to clean up her Marxist partner’s posts. Thanks to reporter Peachy Keenan, we’ve now gotten an up-close look at the madness. Before her Instagram was locked, Peachy exposed the dangerous, extremist views that show exactly who’s working to railroad Daniel Penny.
Hey, two crazies for the price of one. Here’s Yaron’s “wife.” She looks like the newest female member of MS-13. Why do these angry feminists have no style?
https://revolver.news/2024/12/psycho-lesbian-daniel-penny-prosecutor-has-crazy-wife-who-just-locked-down-her-social-media/
.
This case never should have been brought.
.
There you go again. Using logic.
“…after he held street performer Jordan Neely…”
I’ll never accuse the media of telling the truth.
Neely’s street performance? Boxing old, weak and fearful people in public.
Neely headed straight for that woman with the baby in the stroller. He had no qualms about smashing the face of a elderly woman on another occasion and fracturing her orbital bone. Something like that could have killed an elderly person.
He was an imminent threat to the woman with the child. A child is 100% defenseless.
Neely had 42 arrests. I love to ask libs what their definition of “too many,” is. 1 billion illegal immigrants – is that too many?
100 arrests – is that too many?
What is their tolerance redline?
Why don’t they take things seriously?
Retired Magistrate here: Most judges are reluctant to use an “Allen Charge” also called a “Dynamite Charge” because it is seen as forcing a jury into delivering a verdict they really didn’t want to deliver. Judges/Magistrates much prefer a clean verdict.
A lot depends on who the foreperson of the jury is; how persuasive is that person in going over the evidence to convince the holdouts to vote with the rest of the jurors.
Also, for some individuals, once that person’s mind is made up, nothing is going to change it.
The judge in this case told the jurors to “be flexible.” That could be interpreted by some jurors that the judge wanted a compromise verdict just to get this trial over with.
However, in voting for a compromise verdict, a juror could be violating his oath as a juror. “I really thought he was innocent, but we needed to get to a verdict, so I voted for the lesser charge” kind of reasoning.
Baloney. Not guilty it needs to be.