Jurors on Friday sent a note to the judge saying they cannot reach a consensus on whether to convict Daniel Penny of “recklessly” causing the death of Jordan Neely, a homeless man who was allegedly threatening passengers on a New York City subway train last year.
The jury, which has been deliberating since Tuesday afternoon, must determine whether Penny caused Neely’s death by “recklessly” keeping him in a chokehold after frightened passengers left the train, the New York Post reported, or whether his actions amounted to a lesser charge of criminally negligent homicide.
If convicted of second-degree manslaughter, Penny faces up to 15 years in prison. If convicted of the lesser charge, he faces up to four years.
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As the Post reported, if the jury cannot reach a verdict, Judge Maxwell Wiley will be required to give them an “Allen”…
