The jury in Daniel Penny’s lightning-rod Manhattan manslaughter trial broke with out reaching a verdict Thursday after asking once more to revisit surprising footage of the deadly subway encounter through the third day of deliberations.
Jurors requested to re-watch a one-minute clip captured by a trembling highschool pupil that confirmed the 26-year-old Marine veteran gripping Jordan Neely across the neck on the ground of a crowded F practice in Could 2023.
The temporary clip, which was shot by a nervous Ivette Rosario, was proven for the primary time throughout Penny’s trial because the excessive schooler testified she was terrified when Neely, a 30-year-old troubled homeless man, stormed onto the practice and began ranting.
“I was very nervous, and I thought I was going to pass out because I was so nervous,” Rosario, now 19, informed jurors when she took the stand in Manhattan Supreme Courtroom final month.
For the second day in a row, the jury additionally requested to evaluation the notorious six-minute clip shot by a Mexican journalist that captured Penny restraining Neely for a number of minutes — together with after Neely appeared to cease shifting on his personal.
The harrowing video, filmed by Juan Alberto Vasquez, was performed greater than a dozen instances contained in the courtroom all through the four-week trial.
Later throughout deliberations, the 12 jurors — seven girls and 5 males — requested for the decide to make clear the authorized definitions of “recklessness and negligence” as they weigh whether or not to convict Penny of manslaughter or criminally negligent murder.
As a part of their directions, the jury has to think about whether or not Penny “recklessly” triggered the loss of life of Neely with a view to discover him responsible of manslaughter.
If the jury finds Penny not responsible of manslaughter, it would then weigh whether or not he’s responsible of criminally negligent murder — which is when an individual fails to understand the chance of their actions however goes by means of with it anyway.
The jury began deliberations at about 1:15 p.m. on Tuesday after the weeks of testimony within the high-profile trial.
Penny, who can’t be convicted on each counts, has pleaded not responsible.
Protection attorneys have insisted that Penny’s actions have been “fully justified” with a view to defend fellow passengers from Neely, who witnesses mentioned was menacing others and making threats earlier than Penny took him down.
They keep, too, that Neely died from a mixture of schizophrenia, drug use, a genetic situation and the battle with Penny.
Prosecutors argued through the trial — which concerned testimony from 40 witnesses, together with scared straphangers — that Penny was “criminally reckless” and went “way too far” whereas holding Neely down.
Penny faces as much as 15 years behind bars if convicted of manslaughter — the highest rely.
