“The 12-person panel will continue deliberating Monday on the lesser charge of criminally negligent homicide, which Penny, 26, faces in the fatal May 2023 encounter aboard an uptown F train,” the Post reports.
Penny was charged with manslaughter and criminally negligent homicide for using a chokehold to detain Jordan Neely, a homeless man who was threatening people on the subway, in May 2023. Neely later died after police arrived at the scene and opted not to attempt mouth-to-mouth resuscitation due to his appearance of being a drug user.