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Jury deliberations continue in New York City subway chokehold case


By

Samantha Max

and

Ann Givens

Published Dec 5, 2024


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Daniel Penny, who is charged in the death of Jordan Neely, walks into a New York City courthouse as the jury begins the second day of deliberations on December 04, 2024 in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car.

 

Photo by Spencer Platt/Getty Images


By

Samantha Max

and

Ann Givens

Published Dec 5, 2024


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A Manhattan jury will continue to deliberate on Friday in the case of Daniel Penny, who is accused of choking a man to death on an uptown F train last year.

Jurors began deliberating Tuesday afternoon. On Thursday, they asked to rewatch cellphone video recorded inside the subway car. They also asked to hear the legal definitions of recklessness and negligence, which are both factors in the crimes Penny is charged with.

They will resume deliberations at 9:45 a.m. on Friday.

Penny was charged with manslaughter and criminally negligent homicide in the death of Jordan Neely, a former Michael Jackson impersonator with schizophrenia who started yelling threats after he boarded at the Second Avenue station, according to witnesses. Penny held Neely in a chokehold on the floor of the subway for about six minutes, according to evidence presented at trial. Neely was pronounced dead soon after.

The trial, which began in late October, focused on whether Penny caused Neely’s death by holding him in a chokehold for as long as he did — and whether his actions were justified.

Prosecutors argued Penny went “way too far” and held onto Neely’s neck for longer than necessary, killing him. Penny’s attorneys said Penny was trying to protect himself and fellow passengers and argued that his actions may not have directly caused Neely’s death.

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public safety

manhattan

transportation


Samantha Max

Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal: samanthamaxwnyc.93.

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Ann Givens

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Ann Givens is the Public Safety Editor at Gothamist and WNYC. Got a tip? Email: [email protected] or reach Ann on Signal at 917-434-0736.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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