Jurors broke with out reaching a verdict in Daniel Penny’s Manhattan manslaughter trial Wednesday after asking to revisit key testimony from town physician who carried out Jordan Neely’s post-mortem and video of the surprising encounter.
As deliberations entered a second day, the Manhattan jury requested to re-watch a six-minute clip shot by a Mexican journalist that confirmed the 26-year-old Marine veteran restraining Neely, a troubled homeless man, on the crowded F practice subway practice.
Jurors additionally sought a second have a look at the bodycam footage of NYPD officers arriving on the scene as EMS tried to revive a 30-year-old Neely, in addition to video of Penny’s precinct interrogation interview with detectives within the wake of the deadly Could 2023 encounter.
“I wasn’t trying to injure him. I’m just trying to keep him from hurting anybody else,” Penny had instructed two detectives in the course of the videotaped interview proven to jurors, including “that’s what we are taught in the Marine Corps.”
Later, the 12 jurors — seven girls and 5 males — requested, too, to rehear a portion of the medical expert’s testimony when she was cross-examined by protection legal professionals as they questioned her willpower that the chokehold killed Neely.
Dr. Cynthia Harris testified that “no toxicology result could have changed my opinion” — even when Neely had “enough fentanyl in his system to put down an elephant.”
Protection attorneys have maintained that Neely — whose outburst on the crowded practice frightened straphangers — died from a mixture of schizophrenia, drug use, a genetic situation and the battle with Penny.
Prosecutors, in the meantime, argued Penny was “criminally reckless” and went “way too far” whereas holding Neely down.
Penny, who sat stone-faced in a navy blue go well with contained in the courtroom because the jury continued to weigh the fees by way of Wednesday, has pleaded not responsible to manslaughter and criminally negligent murder.
He faces as much as 15 years behind bars if convicted of the highest rely. Manhattan District Legal professional Alvin Bragg has not mentioned whether or not his workplace would search jail time if Penny is discovered responsible.
Jurors started deliberating at round 1:15 p.m. on Tuesday after a four-week trial wherein they heard from greater than 40 witnesses.
