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(NewsNation) — Jurors caput backmost to New York City tribunal Monday greeting to proceed deliberating whether they volition convict Daniel Penny with criminally negligent homicide successful the chokehold decease of Jordan Neely connected a subway bid past May.
Penny faced 2 charges, some of which helium pleaded not guilty: One of second-degree manslaughter and different of criminally negligent homicide. However, Judge Maxwell Wiley dismissed the much terrible manslaughter number Friday day aft jurors said they were deadlocked connected it. David Tarras, caput of the national transgression defence signifier astatine Rossen Law, tells NewsNation this was an "unusual" move.
If Penny is recovered guilty, his ineligible squad has already said they volition record an appeal. Should Penny beryllium convicted of criminally negligent homicide, helium faces up to 4 years successful prison. Had manslaughter inactive been connected the table, helium could person gotten 15 years.
Jordan Neely's begetter sues Daniel Penny
Neely's father, Andre Zachary, sued Daniel Penny alleging negligence, battle and artillery that led to the decease of his unarmed, 30-year-old son.
On May 1, 2023, Penny, present 26, placed Neely successful a chokehold for astir six minutes aft Neely, who was homeless, started shouting and acting erratically connected a crowded, underground train.
According to the suit filed Wednesday, Zachary is seeking a judgement awarding damages “in a sum which exceeds the jurisdictional limits of each little Courts which would different person jurisdiction."
Penny’s lawyer Steven Raiser said the timing of the suit is "unfortunate."
"We volition not beryllium distracted by this effort to onslaught Danny portion helium is nether specified tremendous stress," Raiser said successful a connection Thursday.
But Christopher Neely, Jordan’s uncle, maintained that Neely didn’t merit to die, the Associated Press reported.
“What gave Daniel Penny the close to choke Jordan astir for six minutes?” He said extracurricular the courthouse past week. “He had an enactment to spell to different car. He had the enactment to accidental thing and not bash nothing.”
