The jury is deadlocked on the manslaughter charge because they cannot reach a unanimous decision. Some jurors may believe Daniel Penny acted heroically in subduing Jordan Neely, who was threatening passengers on a subway, while others may view his actions as reckless.
Daniel Penny immediately told police he was only trying to stop Neely and did not know Neely had died. Witnesses testified that Neely was threatening passengers, and Penny placed him in the recovery position after subduing him, indicating a lack of intent to kill.
The Allen charge is a jury instruction given to a hung jury, urging them to reach a verdict. It is controversial because critics argue it can pressure jurors to change their views under peer pressure. The judge may use it to force a decision in Penny's case.
Jordan Neely was mentally ill, high on K2 (a synthetic marijuana drug), and had an active arrest warrant. He was shouting death threats on the subway, stating someone would die that day, and had a history of violent behavior, including a 2021 assault on a 67-year-old woman.
Critics argue that Penny acted to protect passengers from a violent and threatening individual, and his actions were not reckless. They point out that Neely had a history of violence and was high on drugs, making Penny's intervention seem justified rather than criminal.
If convicted on the manslaughter charge, Daniel Penny faces a maximum punishment of 15 years in prison. The lesser charge of criminally negligent homicide carries a maximum of four years.
The case highlights tensions between public safety and criminal justice reform. It raises questions about how to handle mentally ill individuals who pose a threat, the role of vigilantism, and the potential consequences of prosecuting those who intervene in dangerous situations.
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Daniel Penny Jury DEADLOCKED, Judge May FORCE Jury To Pass Verdict, Democrats Crate ANARCHO TYRRANY
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