Jury begins deliberations in Daniel Penny’s lightning-rod NYC subway chokehold case – here’s what’s at stake

Manhattan jury begins deliberating criminal charges against Daniel Penny in Jordan Neely’s subway chokehold death in lightning rod case Tuesday

The 12 jurors – seven women and five men – moved to assemble around 1:15 p.m. and are now tasked with making their decision.Will Penny be convicted of Neely’s murder?A distressed homeless man on a crowded F train subway train in May 2023.

In four weeks of testimony, the panel heard from more than 40 witnesses, including straphangers who witnessed Neely’s rampage on the crowded F train that day and how Penny – a Marine veteran from Long Island – put him in a chokehold and its consequences.

Penny, 26, nodded at jurors as they were led into Manhattan Supreme Court for deliberations. He has pleaded not guilty.

Here’s what’s at stake:

What are the charges against Daniel Penny?

Penny has been charged with murder and manslaughter by criminal negligence.

• Murder in the second degree occurs when a person “recklessly” causes the death of another person with conduct that “creates or contributes to a substantial and unreasonable risk” that their death will occur. The charge, a Class C felony, also says a person is “aware of and consciously disregards” the risk of his actions.

• Criminally negligent homicide, a Class E felony, occurs when a person acts with “criminal negligence” by failing to understand the risk of their actions, but goes through with it anyway.

How could Daniel Penny be found guilty?

If Penny is found guilty of murder, the jury would have found that she “recklessly” caused Neely’s death.

If the jury finds Penny not guilty of murder, they will consider whether he is guilty of manslaughter by criminal negligence.

Penny cannot be found guilty on both counts.

How much time could Daniel Penny spend in prison if found guilty?

If Penny is convicted of murder in the second degree, she faces a maximum sentence of 15 years in prison.

If the jury finds Penny not guilty of murder, but does convict him of manslaughter by criminal negligence, he faces up to four years in prison.

There is no minimum sentence on either charge, meaning he could also be sentenced to probation.

How can Daniel Penny be found not guilty?

If the jury votes that Penny is not guilty of murder, Penny can escape both charges if they feel her actions were “justified”.

The jury must decide if Penny used deadly physical force, if so, whether it was necessary for him to use it to protect himself and others on the subway, and whether Penny’s shoes had a “reasonable” The person would have had the same reaction. ,

They could also vote to acquit if they find that prosecutors have not proven beyond a reasonable doubt that Penny’s strangulation caused Neely’s death.

What are prosecutors claiming?

Manhattan District Attorney Alvin Bragg’s office claims Penny was “criminally negligent” and went “too far” by pinning Neely, 30, for nearly six minutes – despite knowing his actions could be fatal – because he “Didn’t recognize (Neely’s) humanity.”

“The saddest thing about this case is that even though the defendant started out trying to do the right thing, as the chokehold progressed, the defendant became aware that Jordan Neely was in great distress and dying, and he continued unnecessarily,” said prosecutor Daphna Yoran. jurors said in their closing statements Tuesday.

“All signals necessary for the defendant to stop were given,” he said. “He paid no attention to them and continued walking until one man died. He should be held accountable for this.”

What is Daniel Penny’s defense?

Penny’s lawyers have argued that Penny’s actions were “completely appropriate”To protect people on the subway from Neely, who witnesses said was scaring passengers and making threats before Penny took him down.

“Who do you want on your next train journey with you?” his attorney, Steven Ryser, said in his closing statement.

“That guy with earbuds in who is minding his own business, who you know will be there for you if something happens? Or maybe you just hope that someone like Jordan Neely won’t enter that train when you’re all alone, all alone in a crowd of people frozen in fear? The lawyer added.

What evidence was presented at the trial?

Two videos shot by witnesses – one by a high school student and the other by a freelance journalist – are the only direct evidence at the crux of the case.

shown to jurors infamous six minute video Shot by journalist Juan Alberto Vasquez, Penny held Neely down for several minutes – including when Neely stopped moving on her own. The shocking video has been played more than a dozen times inside the courtroom.

A brief, never-before-seen video, shot by a terrified Ivette Rosario, also shows Penny holding Neely down – while bystanders beg her to “let him go.”

Rosario testified that after Neely stormed the Uptown F train at the Second Avenue stop, he yelled that he was homeless, hungry and “he didn’t care about going back to jail.”

Other straphangers said they had never seen an explosion like Neely’s on the subway before.

Alethea Gittings testified that she was “scared” Listening to Neely and later thanking Penny for getting involved.

Lori Citro, who was taking her 5-year-old son to the doctor on the subway, testified that she was so frightened by the “belligerent and unyielding” Neely that she He stopped his son behind his stroller,

“I have ridden the subway for 30 years and have seen a lot. I have seen a lot of unstable people. It felt different to me,” Citro said.

Testimony at the trial also included medical opinions from the city medical examiner and Penny’s medical expert.

Dr. Cynthia Harris, who performed Neely’s autopsy, stands by her decision Neely died of asphyxiation as a result of strangulation by the former Marine,

Harris testified that he and other doctors, including the head of the Office of the Chief Medical Examiner, believed Neely’s death was caused by “asphyxiation”, citing a reporter’s video of the homeless man “dying”. After watching, it was due to suffocation. Penny’s arms were wrapped around his neck.

Meanwhile, Texas-based forensic pathologist Dr. Satish Chundru has claimed that Neely’s autopsy results did not show signs of known chokehold deaths. – but said Neely died from “the combined effects of sickle cell crisis, schizophrenia, conflict and abstinence, and synthetic marijuana.”