A Manhattan jury found Daniel Penny not guilty in the chokehold death of Jordan Neely after nearly a week of deliberations.

Penny, a former marine and architecture student, was initially charged with manslaughter and involuntary manslaughter. Prosecutors alleged that Penny killed Neely, a 30-year-old homeless man who had previously been a Michael Jackson impersonator, when he held him in a subway car for six minutes in May 2023 and killed Neely for at least 51 years held on seconds after his body went limp. The city’s medical examiner concluded that Neely was killed by Penny’s chokehold.

The defense told jurors that Penny “acted to save subway passengers from a “violent and desperate” Neely who was behaving erratically, and that Penny continued to hold on because he feared Neely would break free, although he had no intention of killing Neely. The defense argued that Neely died from a genetic disorder and the synthetic marijuana found in his body.

The jury deliberated for more than 24 hours over five days before acquitting Penny of involuntary manslaughter charges on Monday. They previously disagreed on the more serious charge of second-degree manslaughter, which Judge Maxwell Wiley dismissed Friday at the prosecutor’s request.

Penny pleaded not guilty to both charges.

The jury presented several questions to the court during their deliberations that provided insight into their deliberations.

Day 1

A little more than an hour into deliberations Tuesday, the jury asked to review a portion of the judge’s instructions on the law. The jury was interested in the part about justified use of force.

Day 2

The jury demanded to see key videos shown during the trial – police body camera footage, Penny’s interrogation video and a bystander’s video from Wednesday.

Later that day, the jury asked to hear the testimony again. The jury wanted to hear part of the cross-examination from the city coroner, who concluded that Neely was killed by Penny’s chokehold. Dr. Cynthia Harris, the prosecution’s final witness at the trial, determined that Neely died of neck compression.

During intense cross-examination, Harris had pushed back against the defense’s assertion that the public mood surrounding the trial influenced their conclusion that there were “no alternative reasonable explanations” for Neely’s death other than Penny’s chokehold.

“No toxicology result imaginable could have changed my mind,” she testified.

Day 3

The jury heard additional testimony from Harris’ cross-examination.

The jury then asked to see two bystander videos that captured the moments when Penny put Neely in a chokehold. The jury had already requested one of the two audience videos the day before.

Wiley gave the jury access to a laptop containing the videos so they could watch the videos they wanted as many times as they wanted.

Later that day, the jury requested the definitions of criminal negligence and recklessness.

“We, the jury, ask Judge Wiley to read the definition of recklessness and negligence. Please read them more than once,” the note reads. “Could the jury have the definitions in writing?”

The jury considered two charges: second-degree manslaughter, which carries a maximum sentence of 15 years, and involuntary manslaughter, which carries a maximum sentence of four years. To convict Penny of manslaughter, the jury must be satisfied that Penny acted recklessly and grossly deviated from the conduct of a reasonable person who understands the risk his conduct entails.

Day 4

The jury told the judge Friday that it was “unable to reach a unanimous decision” as to whether Penny committed manslaughter.

“We, the jury, ask Judge Wiley for instructions. At this time, we are unable to reach a unanimous vote on court one,” the note reads.

The verdict form asked the jury to decide on the first count – second-degree manslaughter – before potentially moving on to the second count of involuntary manslaughter. Only if they had found Penny innocent of the first count could they consider the second count.

About 20 minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another message asking for more information about the term “reasonable person” in their instructions.

“Ultimately, it is up to you to decide what a reasonable person is,” Wiley told the jury in response to her note, referring them to a two-part test in the jury instructions.

“Given the circumstances and what the defendant knew at the time, would a reasonable person have had the same honest belief as the defendant?” Wiley asked, referring to the second part of the test.

A few hours later, at prosecutors’ request, Wiley dismissed the highest charge of second-degree manslaughter.

The judge encouraged the jury to continue deliberating Monday on the lesser charge of whether Penny committed involuntary manslaughter.

Day 5

The jury announced Monday morning that they had reached a unanimous decision on the second count, finding Penny not guilty of involuntary manslaughter.

As soon as the verdict was announced, the courtroom erupted in a mix of cheering, clapping and jeers.

Neely’s father cursed in anger shortly after the verdict and was forcibly removed from the courtroom by a court officer. Others in the gallery screamed, and one woman burst into tears.

As Penny left the courtroom, he smiled briefly before returning to his stony face. His lawyers hugged each other as they sat at the legal table.

Manhattan District Attorney Alvin Bragg, whose office prosecuted the case, thanked the jury and promised to respect its verdict.

“The jury has now spoken. At the Manhattan District Attorney’s Office, we deeply respect the jury process and we respect their verdict,” he said in a statement.