Jurors in Daniel Penny case ask to revisit subway chokehold video, precinct interview

A Manhattan jury continued deliberations Wednesday in the case of Daniel Penny, accused of strangling Jordan Neely to death on an F train downtown last year — and members requested the opportunity to review key evidence in the case.

Jurors sent a note to the judge shortly before noon. 11 Wednesday, where they asked to review a bystander video that recorded Penny holding Neely in a choke hold on the floor of a city F train for several minutes. They also asked to see a collection of body-worn camera videos from officers who responded to the incident at the Broadway-Lafayette Street subway station on May 1, 2023, and a video of Penny’s interview with detectives in a nearby area several hours later.

Penny is charged with manslaughter or criminally negligent homicide. He faces a maximum of 15 years in prison if convicted of the top charge against him.

Jurors began deliberating Tuesday afternoon. They must determine whether Penny caused Neely’s death, whether he knew or should have known he was putting Neely’s life in danger, and whether his actions were justified.

Prosecutors have argued that Penny went “way too far” and killed Neely by holding his neck for longer than necessary. Penny’s attorneys say he was trying to protect himself and fellow passengers, and argued that Penny’s actions may not have directly caused Neely’s death.

This is a developing story and may be updated.