The anonymous jury is weighing manslaughter and criminally negligent homicide charges in the death of Jordan Neely, a troubled street performer who was…
Penny has said he was protecting fellow subway riders and intended only to restrain Jordan Neely and hold him for police, not to hurt him. Prosecutors say the Marine veteran used far too much force for too long when he gripped Neely by the neck for about six minutes.Jurors began deliberating Tuesday afternoon in the trial of a military veteran charged with using a fatal chokehold to subdue a man whose behavior was alarming passengers on a New York subway train.
The judge told jurors that if they found Penny guilty of the manslaughter charge, they needn't consider the criminally negligent homicide charge. If the jury finds Penny not guilty of manslaughter, he cannot be found guilty of criminally negligent homicide, according to the judge. However, if the jury reaches a not guilty verdict for manslaughter for a reason other than lack of justification, then they can consider the second charge.
Penny came up behind Neely, grabbed his neck and head and took him to the floor. The veteran later told police he'd held Neely in “a choke” and “put him out” to ensure he wouldn't hurt anyone.
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