Jury in Daniel Penny case ends third day of deliberations without verdict in New York subway strangulation case

Jury at Daniel Penny’s Manhattan manslaughter trial broke down without reaching a verdict on Thursday after again asking to see the shocking footage of the fatal subway fight during the third day of deliberations.

Jurors asked watch the one-minute clip The photo of the shaking high school senior shows the 26-year-old Marine veteran holding Jordan Neely by the neck on the floor of a crowded F train in May 2023.

The short clip, filmed by a nervous Yvette Rosario, was first shown during Penny’s trial, when the high school student testified that she was terrified when Neely, a troubled 30-year-old homeless man, stormed the train and started rioting.

“I was really nervous and I thought I was going to pass out because I was so nervous,” Rosario, 19, told jurors when she appeared in Manhattan Supreme Court last month.

For second day in a rowthe jury was also asked to watch the infamous six-minute clip, filmed by a Mexican journalist, showing Penny holding Neely for several minutes, including after Neely appeared to stop moving on his own.

The gruesome video, shot by Juan Alberto Vazquez, was played more than a dozen times in the courtroom during the four-week trial.

Later in deliberations, the 12 jurors — seven women and five men — asked the judge to clarify the legal definitions of “recklessness and negligence” as they decide whether to find Penny guilty of involuntary manslaughter or negligent homicide.

As part of its instructions, the jury must consider whether Penny “recklessly” caused Neely’s death in order to find him guilty of involuntary manslaughter.

If the jury finds Penny not guilty of manslaughter, it will then consider whether he is guilty of negligent homicide — when a person doesn’t realize the risk of their actions but goes ahead anyway.

Jurors began deliberating at about 1:15 p.m. Tuesday after weeks of testimony in the high-profile trial.

Penny, who cannot be convicted on both counts, has pleaded not guilty.

Defense lawyers insisted that Penny’s actions were “entirely justified” to protect fellow travelers from Neely, who witnesses said had threatened others and made threats before Penny hit him.

They also claim that Neely died from schizophrenia, drug use, a genetic disease and a fight with Penny.

Prosecutors argued during the trial, which included testimony from 40 witnesses, including terrified defense attorneys, that Penny was “criminally reckless” and went “too far” in holding Neely.

Penny faces up to 15 years behind bars if convicted of involuntary manslaughter.