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The anonymous jury began weighing manslaughter and criminally negligent homicide charges against Daniel Penny just after 1 p.m. Tuesday, Dec. 3, in the death of Jordan Neely.
Jurors concluded their deliberations Tuesday evening, and will be back in court to resume on Wednesday morning, Dec. 4.
Bystander video allegedly showed the 26-year-old Penny, a Long Island resident from West Islip, placing the 30-year-old Neely in a chokehold aboard a train on May 1, 2023.
Multiple witnesses told NYPD detectives that Neely, a well-known Michael Jackson impersonator who was homeless, had been shouting about being hungry and not wanting to live when the two men got into a physical altercation.
The New York City medical examiner’s office later ruled his death a homicide, with prosecutors alleging he was in the chokeholed for six minutes.
Penny claimed he was trying to protect fellow subway riders and only meant to restrain Neely until police arrived, but prosecutors argued he used too much force for too long.
Video of the incident went viral on social media, sparking nationwide outrage and protests over the decision to not arrest Penny immediately afterward.
Penny is a 2016 graduate of West Islip High School, where he played varsity lacrosse. He later served in the Marine Corps from 2017 to 2021, and was assigned as a rifleman to Camp Lejeune in North Carolina, NBC News reports.
Writing about Neely’s death on a GoFundMe page to help his family with memorial expenses, his aunt Carolyn Neely recounted how Neely’s mother was murdered in 2007.
“It’s been rough for him and all of us,” she said. “We just want justice for him, please give what you can with your heart. He has so many fans, he will always be loved and remembered.”
In New York, a conviction for second-degree manslaughter carries a prison sentence of up to five to 15 years, while a conviction for criminally negligent homicide could net you up to four years behind bars.
This is a developing story. Check back to Daily Voice for updates.
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