Daniel Penny Jury Request to See Brutal Video Evidence as They Stay Locked in Deliberations Over Marine's NYC Subway Chokehold Kill Case
Jurors are currently deciding his fate.
Dec. 4 2024, Published 5:00 p.m. ET
The jury in the Daniel Penny case have asked the judge for more information, including another look at the incident's original graphic video, as they continue to deliberate the Marine vet's fate.
RadarOnline.com can reveal just a bit over an hour after deliberations started, the jury of seven women and five men asked the judge if they could again hear a specific portion of his instructions on justification defenses.
The jury in the Daniel Penny trial asked the judge for more information.
The jury are deciding whether Penny, who used a fatal chokehold to restrain Jordan Neely on a New York City subway in May 2023, will be convicted of manslaughter and criminally negligent homicide charges.
Meanwhile, Penny's lawyer Steven Raiser argued his 26-year-old client was trying to protect others in the subway car that fateful day. Penny has pleaded not guilty to the charges.
On Wednesday, the jury also asked for police bodycam footage from the moment cops confronted Penny and Neely on the train, as well as the original video of the incident.
Penny had Neely in a chokehold for almost six minutes according to evidence.
The jury was also interested in seeing Penny's police interview once again.
Assistant Manhattan DA Dafna Yoran has asked jurors to convict Penny of manslaughter, and during the trial warned the jury their verdict should be based on whether they themselves would be thankful for his intervention, or weigh testimony from his loved ones and supporters that he is a "good man."
She said: "What is so tragic about this case, is that even though the defendant started out doing the right thing… a man died. He was given all the signs he needed to stop. He ignored them. He must be held accountable for that."
Yoran added: "You're not here to decide whether you'd want to ride alone on the train with Jordan Neely. That is not what this case is about. The only thing you need to determine here is whether or not the evidence here proves the defendant killed Jordan Neely."
Penny holding Neely in a chokehold in a video that went viral in 2023.
Yoran also told jurors how Neely "clawed at his own neck with his nails" as he fought against the chokehold, before urinating on himself and losing consciousness.
She also noted the negligent homicide charge should be a a fallback charge if the jury is not convinced Penny committed manslaughter.
The prosecutor even called out Penny's behavior following the chokehold.
The jury asked to see footage of Penny's police interview.
She previously said: "If the defendant believed that all he had done was render Mr Neely temporarily unconscious, he would have immediately moved to secure him in another way because he would have believed Mr Neely would wake up at any second and either attack someone or run away.
"If he was going to have revived, he would have revived in a matter of seconds. The defendant clearly knows Mr Neely is not waking up any time soon.
"There is only one explanation for that: he knows Mr Neely is not going to wake up. He knows he has eliminated the threat."
Penny was found not guilty on Monday, December 9.
Defense attorney Raiser argued the state's own expert witnesses couldn't prove key elements beyond reasonable doubt.
He said: "If their own experts have doubt… why shouldn't you?" and reminded the jury Neely was described as being "severely psychotic".
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A manslaughter conviction a carries a maximum term of 15 years behind bars.
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