Jurors broke with out reaching a verdict in Daniel Penny’s Manhattan manslaughter trial Wednesday after asking to revisit key testimony from the 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 prepare subway prepare.
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 making an attempt to injure him. I’m simply making an attempt to maintain him from hurting anyone else,” Penny had advised two detectives throughout the videotaped interview proven to jurors, including “that’s what we’re taught within the Marine Corps.”
Later, the 12 jurors — seven girls and 5 males — requested, too, to rehear a portion of the health worker’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 outcome may have modified my opinion” — even when Neely had “sufficient fentanyl in his system to place down an elephant.”
Protection attorneys have maintained that Neely — whose outburst on the crowded prepare frightened straphangers — died from a mixture of schizophrenia, drug use, a genetic situation and the wrestle with Penny.
Prosecutors, in the meantime, argued Penny was “criminally reckless” and went “approach 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 via 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 stated 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.
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