Jurors in Daniel Penny Case Ask to Rewatch Subway Chokehold Video, District Interview

Jurors in Daniel Penny Case Ask to Rewatch Subway Chokehold Video, District Interview

A Manhattan jury continued deliberations Wednesday in the case of Daniel Penny, accused of choking Jordan Neely on an uptown F train last year — and members asked for a chance to consider key evidence in the case.

Jurors sent a message to the judge just before 11 a.m. Wednesday asking them to rewatch a bystander video that captured Penny holding Neely in a chokehold on the floor of an uptown F train for several minutes . They also wanted to see a compilation of body-worn camera videos from officers who responded to the incident at the Broadway-Lafayette Street subway station on May 1, 2023, as well as a video of Penny’s interview with detectives at a nearby precinct several hours ago later.

Penny is charged with manslaughter or involuntary manslaughter and faces up to 15 years in prison if convicted of the highest charge against him.

The jury began deliberating Tuesday afternoon. They must decide whether Penny caused Neely’s death, whether he knew or should have known that he was endangering Neely’s life, and whether his actions were justified.

Prosecutors argued that Penny “went way too far” and killed Neely by holding him by the neck longer than necessary. Penny’s lawyers say he was trying to protect himself and his fellow passengers and argued that Penny’s actions may not have directly led to Neely’s death.

While the jury deliberated, Neely’s father and dozens of press and public representatives occupied seats in the 13th floor courtroom. Penny, his lawyers and prosecutors have mostly waited elsewhere for a verdict, returning only when there is news from the jury.

After jurors asked to review the video evidence Wednesday morning, defense attorney Thomas Kenniff told Judge Maxwell Wiley that he was concerned about a security incident as the defense team pulled up to the courthouse that morning. He said a member of the public tried to block the car and “Mr. “Penny was repeatedly insulted with violent and homophobic insults.” Kenniff also said he was concerned that jurors overheard the interaction because the deliberation room was within earshot of the court entrance.

The judge said he didn’t want to move the jury because he didn’t want them to think they were in danger. He has instructed them to ignore what they hear outside the courthouse. During the trial, a small group of protesters gathered outside the Lower Manhattan courthouse, demanding justice for Neely’s death. Their songs can often be heard through the windows.

Security at the courthouse was tight. Penny is on site every day with a team of private security guards. Court officials also cordon off the hallway as he enters the courtroom.

A spokesman for the Office of Court Administration did not immediately respond to a request for more information about what happened outside the courthouse Wednesday or whether Penny, prosecutors or others involved in the case had received threats.

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