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.
Defund the transit authority and the subway system.
They can’t keep it safe. They could, but they don’t want to . How do I know? Because they haven’t so far.
Fire all those union employees, (who are likely democrat voters.)
If people started agitating for THAT – then the city, and prosecutor would back down.
“Not my problem”
Future American white men when faced with belligerent criminal threatening of women, children, women with children, etc
From what I can tell that’s what instructors tell gun owners.
The future is now, sir.
Exactly.
In a totalitarian democracy, fake elections are the only authority that counts.
It would make your head spin.
What’s a Credible Threat?
If someone threatens to harm you, such as with violence, or via the destruction of property, if the threat is believable/credible, it’s criminal.
https://www.findlaw.com/legalblogs/law-and-life/what-to-do-if-someone-threatens-you/
Unless the person being threatened is a white conservative
In a liberal area.
I think conservative states and counties are more committed to protecting the RIGHTS of Good Samaritans.
Bingo
You cant evaluate someones honesty in a moment like that.
It will get you killed or injured.
If someone threatens me, I will assume they mean it and respond accordingly!
In totalitarian democracies, self-defense is terrorism.
The terrorists hate us for our terror.
I am assuming one or more jurors has decided to vote guilty and is digging in their heels.
Or vice-versa.
Hard to tell in that location. Might be 11 to 1 to convict.
Maybe the one with the mask on?
Maybe the one with Predator hair?
the one that is double masked….
It’s a Soros sanctuary city. ymmv
“Trump Legal Spokeswoman Alina Habba reveals there were Biden Campaign Employees included in jury selection in the E. Jean Carroll case and Biden staffers could be included on the NY Criminal Trial jury because the judge ELIMINATED questions asking about it.”
Jury Nullification.
Listen, when a jury deadlocks in NY in a case like this, then the dude is definitely innocent.
I don’t want to see him convicted, but a white guy should know better than to try help anyone in NYC. He was always going to be charged no matter what the outcome because of his race and NYC’s love of criminals/crime.
People like him should keep their head down and let the Democrat voters reap the consequences of their choices.
If you really believe that, maybe you need to move to another country where cowardice and fear of government reprisal are the standard. This is the USA, and NOBODY should be cowed into such behavior as you recommend. You see a threat, you eliminate it.
I don’t disagree with your overall point, but he is a young man not wise to all of this and was just doing what he thought was right.
This trial happening in the first place is bullshit. If they put this man in prison I hope a meteor wipes out NYC. I don’t care if anybody disagrees with me. People deserve what they get, end of story.
Let this good man go free.
Mr Penny still has a Go Fund Me up. He still faces a civil case from the family of …’ victim?’ I intend to donate again.
There’s also a GiveSendGo fund.
That family probably threw a party when it happened knowing they’d won the lottery.
Indoctrinated stubborn shitlib white haters vs. people whose lived experience leads them to a rational, non-pretending acquittal;
Ready: Fight!
The Marine Corps teaches hand-to-hand combat, and that includes learning how to subdue a man without killing him. Penny used this training to excellent effect. But he had no control on his target’s mental or physical condition. Like so many others, he appears to have already ingested what would turn out to be a lethal dose of some drug.
It is never the right thing to put a man in jail for expertly saving other people’s lives. Those who pretend that things like this do not happen on the New York subway do not deserve to be prosecutors.
The “case” is a travesty and should have never been brought in the first place.
The man was breathing when the cops arrived. They failed to give him mouth to mouth. They let him die because they too were afraid of him.
Don’t worry, the father only wanted an arrest anyway. Plans to sue for as much as he can get.
I would think that, as a former Marine with hand-to-hand combat training, Mr. Penny could have killed this person in a matter of seconds if that was his intent.
George Floyd 2.0?
Saint George Floyd 2.0
The heroic saga continues.
cops should never, never, never have let him out of the car
they had him secured in the backseat
but he was complaining incessantly that he “couldn’t breathe”
the truth of which he was obviating by having enough breath to keep complaining loudly
he was overdosing, that’s why he was complaining he “couldn’t breathe”
Chauvin was stabbed 22 times in prison by an FBI informant.
Thank you for posting that link. Mr. Chauvin sounds strong and uncowed, which is heartening. What a travesty.
This terrible incident was caused way before Penny was on the scene. When civil authorities refused to enforce basic civil law and allow things to escalate to this level, the results are easily predictable….any kindergarten teacher knows this… and authorities aren’t doing any favors for most of these angry desperate homeless,often drug-addicted people by leaving them on the streets to violate the rights of other citizens. Even though imo Penny should have released the unarmed guy from the chokehold waayyyy earlier, don’t think i could convict him of anything if i was a juror, considering the verbal death threat earlier. Just my .2c
imo Penny should have released the unarmed guy from the chokehold waayyyy earlier
Do you mean that ‘waayyy earlier’ period when mr perpetrator was still struggling mightily?
Disregard Penny for a moment and look at the struggle Neely’s giving the other good Samaritan who was attempting to control his arm and fist
party on, Garth
ps – I agree with the rest of your comment
You make a good point…i have wrestling background, so thinking of the different non-deadly locks to hold the guy down, but in a possible life/death struggle, maybe can’t risk it
New York judicial system is out of control. But you get what you vote for, right?
For how voting is traditionally conducted in NY, NYC specifically, refer to the movie “Gangs of New York.”
And Jordan Neely’s father is using the death to try to hit a payday by suing Mr. Penny. The father should look in the mirror and ask what happened with his raising of Jordan. That is assuming the father was in Jordan’s life, which given Jordan’s background is a stretch.
The missing relatives always come out from under the woodwork to sue in these cases.
Hey Dad, your drug crazed son was living in a New York City Subway car for years threatening people. Where were you?
Penny should counter-sue.
Stay out of blue holes. If you find yourself having to go to a blue hole, make yourself invisible, do not engage with anyone, do not attempt to help or protect or harm anyone. Way too much risk.
jeez, and I thought blue holes were just beautiful reef caverns in Bahamas, Yucatan, and Belize
Meteorite strikes,…fo’sure!
So, ignore the book of life and pay obeisance to the book of death?
prosecutor “Dafna Yoran” is all I needed to know.
If Penney was a member of a different tribe, he would have walked long ago.
We’re all just Amalek to them
https://nypost.com/2024/12/06/us-news/daniel-penny-trial-judge-agrees-to-drop-top-manslaughter-count-after-jury-deadlocks-twice/
Manslaughter charge dismissed because of deadlock.
Lesser charge to be deliberated starting Monday.
The judge “agrees” to drop the Manslaughter Count? WTF, the jury couldn’t reach a guilty verdict! What other choice is there.
Declaration of a mistrial.
By dropping it I assume he can’t be charged again due to double jeopardy?
No, it wasn’t a mistrial. It was a dismissal of one charge by the prosecutor, and yes, that charge is barred by double jeopardy.
With mistrials a defendant can be re-tried.
I know it wasn’t. My response was to tne question “what other choice is there?”
Was the prosecutor/judge tag team too clever by half?
If the jury deadlocks on the second count, then by what logic can the judge not dismiss that charge as well, thereby foreclosing the mistrial/re-trial option?
WTF, the jury couldn’t reach a guilty verdict
So the judge is instructing the jury:
“Go back and find him guilty on this OTHER count then, willya?”
Paul Kersey is watching…
Paul did great work.
Too many cameras today for Paul…
No decision on manslaughter is a walkaway “verdict”.
The whole idea of conviction is beyond a reasonable doubt. No clearance of that hurdle has occurred on a mediocre charge of manslaughter. It’s like asking if a shade of grey is black enough. Clearly, it isn’t black.
There you go.
If the jury deadlocks on the lesser charge, and there’s a mistrial, the prosecutor could only re-try on the lesser charge, as she moved to dismiss the manslaughter charge. The dismissal of the manslaughter charge is with prejudice as jeopardy had attached.
But I hope they acquit on the lesser charge, too.
Once you empanel the jury it’s double jeopardy!
Trying someone twice because the jury did not convict is offensive, I don’t care what any attorney says. A person does not have to prove their innocence to a unanimous jury, a prosecutor gets one chance to prove guilt to a unanimous jury.
THis should have been a mistrial!
As should the rest of the case with prejudice.
I think that some people who didn’t want criminals to be free to commit crimes in NYC have moved out of the city, or even out of the state, and the dumbed-down ones are left.
So the judge has the right to coerce/force someone to change their just verdict after hearing all the evidence through the whole trial…great. How is that justice by a jury of your peers. This should not be able to happen. Why does the judge have this power, is it his place to second guess the jury…it seems so. What does he have to lose or gain from this?
NYC seems hellbent on turning itself into the fictional NYC known as Gotham. Don’t ever go there…
The jury was deliberating the manslaughter charge. He encouraged them to come to a verdict. That can be tricky, as the jury can misunderstand it and interpret it as coming to some kind of a verdict even if some jurors don’t really want that verdict.
But NY law allows it, no doubt because a mistrial and retrial as expensive and time-consuming for the courts and parties, and a strain on everyone.
The jury will now deliberate a lesser charge with less time in jail.
re-trial is a crime
It’s right there in the 5th Amendment – “nor shall any person be subject for the same offence to be twice put in jeopardy”
If the government fails to convict they don’t get to re-try again and again. They have unlimited money and can crush anyone by simply outspending them into poverty.
Re-trial is permitted after a mistrial.
It’s a violation of the Constitution.
Exactly
As a former EMT it was dicey to help while off duty. If there was uncontrolled bleeding, OK, but a broken arm or leg, nope. CPR on a trauma victim, nope.
My wife is a doctor. We came across a family that had taken their 70-something grandma on a hike on a single track trail in the Rockies with no cell coverage for miles around. Ofc gramma broke her ankle. I helped carry her out, about a mile over rough terrain and tight trees. She was not a small woman and her ankle was basically snapped. Then I hiked down to the trailhead to find a car that might have a blanket, and we turned that into a stretcher which helped once we got her out of the woods.
On multiple occasions when I would start to say “My wife is a…” my wife would cut me off and give me the “Shut up. Now.” face. On the way home she told me how dangerous it is for her to say she’s a doctor. We didn’t give them our names or anything.
Penny is FREE. The judged dismissed the charges. 4:30 eastern time.
Only the manslaughter charge. The jury begins deliberations on the lesser charge, criminally negligent homicide, on Monday.
Whoops, spoke too soon. The vile Judge is continuing the trial on lesser charges.
If Penny wasn’t indicted on other charges how can the jury consider anything else?
He was also indicted on criminally negligent homicide, which carries a lesser penalty than manslaughter.
The jury should have decided this case in minutes and acquitted Penny. Bragg is probably counting on BLM riots to sway the jury. NYC has to be the most evil and disgusting place on earth.
It’s like the ballot counts in California…Keep finding ballots and counting until the Democrat is ahead then stop!
Mr Penny is a hero for saving lives on that train. Not guilty!!
Daniel Penny to be tapped for Congressional Gold Medal by House GOP lawmaker
‘Mr. Penny bravely stood in the gap to defy this corrupt system and protect his fellow Americans, says Rep Eli Crane
(Hell, yeah!!!)
https://www.foxnews.com/politics/daniel-penny-tapped-congressional-gold-medal-house-gop-lawmaker
The communist hard left knows that when they go after a brave citizen who is charged with years in prison and many times millions to defend others will not get involved in the future. They have already dehumanized the population in these blue cities.
Jordan Williams walks free…charges dropped.
I don’t know why anyone would live in or visit NYC. President Trump talked about sh1t-hole countries, and NYC with all of its barbarian population should certainly be granted the same status. The barbarians are in charge, and all civilized people should leave.
Charge dismissed , HELL YEAH !!!!
I feel so sorry for that young man.
Penny didn’t kill anyone. He was alive and breathing when the police got to him. The man died in police custody. It should be THEIR problem.
Police refused to do mouth-to-mouth resuscitation because he was so filthy that they thought they’d catch a disease.
Playing Devils advocate here, ..
Where are all of the free Speech advocates?
My understanding is Neely did not DO anything that was threatening, he didn’t even specifically threaten someone, as i direct a verbal threat at anyone….he said “Someone is going to die, today” which is true as people die every day, and in this case was prophetic.
Certainly, if he HAD actually attacked someone, the case FOR Mr. Penny and his actions would be much stronger.
As it is, I get on a subway car, I don’t engage in any overt act that threatens anyone, ..but I am mumbling to myself, and say “Soneones going to die, today!” and some or even all on the subway car feel afraid, and intimidated by me.
Does that give one of them the right to put me in a chokehold? I think that right there is Mr. Penny assaulting Neely, and if that assault results in Neelys death?
Admittedly, I have not followed this story until now, and am basing my understanding on the limited facts in the story above.
Imagine having to go through this sham trial again?
This lawyer needs to be investigated and so does the judge for allowing this trial to move forward.
No one in NYC will dare to save a life, white or black.
The coroner does as well.
A possible explanation of what is going on as regards double jeopardy.
When prosecutor indicts on several charges, he may, in the course of the trial, dismiss some, e.g., go with the criminally negligent homicide instead of the manslaughter charge.
The dismissal of the manslaughter charge would be with prejudice, so double jeopardy attaches only to that charge.
Usually when the prosecutor indicts on two charges, and sends the case to the jury with both charges, the jury deliberates both at once. They decide whether the evidence fits one or the other, or neither.
Here the prosecutor sent the case to the jury, but the judge instructed them to deliberate on one charge at a time, starting with the most serious. They could not reach a verdict, so that charge has been dismissed with prejudice.
it’s the same situation as if the prosecutor had dismissed manslaughter earlier, and only gone with criminally negligent homicide.
NY law apparently permits this, although I would hope Penny’s attorneys try to dismiss the lesser charge on a double jeopardy basis. The judge told the jury in his jury instructions that the jury had to reach a verdict on manslaughter before going on to the lesser charge, and they did not. Now he’s saying, ok, no verdict, you can still go on to the lesser charge.
The judge is contradicting his own instructions, no doubt to get some kind of guilty verdict. Yes, this is possibly reversible error, but reversible error is raised after a conviction. That’s why I hope the defense attorneys move to dismiss the lesser charge because the judge violated the jury instructions.
Well, well.
According to Breitbart, the judge himself is a little uncertain as to whether the jury can deliberate on the lesser charge:
However, the defense in the Penny trial objected, telling the judge that only a finding of “not guilty” on the charge of manslaughter would allow the jury to consider the lesser included charge, not merely a dismissal of the charge.
Judge Wiley admitted that there might be a legal problem. According to ABC News: “Wiley left unanswered the question about whether the jury could move onto the second count if they are unable to reach a verdict on the first count. He said he believed the jury moving to the second count is possible but needs to find the legal authority to do so.”
A law school classmate of mine used to clerk for a judge like this. He’d come back into chambers and tell her, “I just made this ruling. Find some law to back me up.”
This is like the anti-gun they always claim police should shoot the arm or leg. It’s the same here. The deranged person could have killed someone. Penny was protecting others who couldn’t protect themselves.
Here is the cause of everything.
Yet another undoubtedly leftist, unhinged NYC female….
QUOTE:
”On cross examination, Dr. Harris conceded some of Neely’s injuries could have been consistent with a struggle and resuscitation efforts.
Dr. Harris, who was a fellow under supervision when she conducted the autopsy, also testified about how the cause of death was determined.
The day after Neely died — the cause of death was “pending further investigation.”
Dr. Harris testified that she wanted to wait for a full toxicology report. Then, a day later, the cause of death was changed to compression of the neck.
“No toxicological report could have changed my opinion,” Dr. Harris said.
She also did not wait for genetic testing on Neely’s heart and other tests.”
https://ny1.com/nyc/all-boroughs/politics/2024/11/16/daniel-penny-jordan-neely-autopsy
I see now that neely’s family is preparing to sue Penny for millions in a wrongful death claim. This is another totally perverted and unjust avenue to go after someone. If he gets acquitted on the lesser charge also, now the neely family will try to bankrupt him. In a right and just world, if he or anyone else is found not guilty, you have no grounds or avenue to sue the acquitted person for money. That should not be allowed. This I believe has or is happening to Rittenhouse.
It happened to OJSimpson too – he lost big.
IANAL, so I “googled” Allen Charge. The top hit for me was an article from Cornell Law that included the text of such a charge from the radical Ninth Circuit.
I can honestly say that if I were on a jury, this charge would solidify my position against any pressure to change my vote, not entice me to change it. Maybe for the weak-minded, it might exert some influence, but not me! It basically says to consider that your position might be wrong, but don’t be bullied into changing your mind.
Look for yourself, see if you agree.
Excerpts from the Cornell article:
“You should not, however, change an honest belief as to the weight or effect of the evidence solely because of the opinions of your fellow jurors or for the mere purpose of returning a verdict.”
“What I have just said is not meant to rush you or pressure you into agreeing on a verdict. Take as much time as you need to discuss things. There is no hurry.”
Quote:
”A Manhattan judge on Friday agreed to drop the top charge against Daniel Penny in the subway chokehold death of Jordan Neely.
“We move to dismiss the top count of manslaughter in the second degree,” Assistant District Attorney Dafna Yoran told the court around 3:30 p.m.”
Exactly. The judge said the Count 2 considerations were contingent on a verdict on Count 1. There was no verdict, and never will be a verdict on Count 1. The prosecutor agreed to dismiss it, and that dismissal is with prejudice.
So, can the judge change his jury instructions at this stage of the trial?
My two cents for the jury since the top count dismissal,
Deadlock again and put this back on the Judge, since this case should have never even been tried.
That’s just me.
Trust God. Fear not.
Was Jordan Neely vaxxed?
Myocarditis event?
Heart attacks can be fatal…
Bernard Getz. Does anyone remember that bs?
Even if NYC dumps the case, the Feds can come behind and bring “civil rights” charges.
Remember the Rodney King thing? The cops were acquitted on state charges, convicted in federal. That whole double jeopardy thing is a myth I was taught as a child.
They would have to do it between now and January 20, 2025.
I see no reason 1) why the judge should instruct them to reach a unanimous verdict as if such binary outcome is the only reasonable way to consider the evidence, or 2) why a deadlocked jury is not an acceptable outcome in itself which prevents double jeopardy.
The judge’s weird way of having them consider one charge at a time created this mess. Usually juries consider all possible counts, and look to see if the evidence fits any or none.
If they were deadlocked on all charges, then it would be a mistrial. Double jeopardy does not attach to mistrials.
But they were deadlocked one one charge, and were not allowed to consider the lesser charge.
Oddly, I think the judge may have screwed the prosecution with this method.
The left HATES good samaritans.
Godspeed, Daniel Penny.
Prayers up for Mr. Penny.