Jury in Daniel Penny trial begins deliberations
NEW YORK -- Closing arguments are over, and jurors in the Daniel Penny trial are trying to reach a verdict.
They began deliberating Tuesday afternoon.
Penny, a Marine veteran, is charged in the chokehold death of Jordan Neely on an F train in Manhattan last year.
The jury began deliberating just after 1 p.m., taking an hour-long break for lunch. Penny is charged with manslaughter and criminally negligent homicide. Their decision could acquit Penny or lead to a sentence of up to 15 years in prison. The judge could also choose not to sentence him to any prison time.
The jurors concluded their deliberations Tuesday evening, and will return Wednesday to resume deliberating.
Here's what prosecutors need to prove
For manslaughter in the second degree, prosecutors are required to prove:
- The defendant caused the death of Neely and that the death was reasonably foreseeable.
- That he did so recklessly
- That it was not justified
If the jury finds Penny guilty, they do not move on to Count 2.
If they find him not guilty because the people did not prove he was not justified, then they must find him not guilty of Count 2.
However, if they find Penny not guilty for some reason other than lack of justification, then they move on to Count 2 which is criminally negligent homicide.
For that, prosecutors need to prove:
- He caused death of Neely
- He did so with criminal negligence
- That is was not justified
Different views on cause of death
In their closing arguments Monday, prosecutors told the jury that, in their view, it's obvious Neely died as a result of Penny's actions. An assistant district attorney said "continuing to keep Mr. Neely in any kind of chokehold showed a complete, reckless disregard for his life."
Penny's defense team, on the other hand, hired a pathologist who said Neely died from the combined effect of sickle cell crisis, schizophrenia, the struggle and restraint and synthetic marijuana. That contradicted the findings of a city medical examiner, who ruled Neely died by compression of the neck.
Prosecutors argued Tuesday that the pathologist hired by Penny's defense team is biased because he is paid by the defense.
Monday, in their closing arguments, the defense reiterated their claims that Penny was trying to protect others as Neely was acting erratically and threatening passengers.
"With respect to justification for the use of physical force to prevent the use of physical force against others, I think that the defense probably has a very good, good case there," retired New York criminal court Judge George Grasso said.
Case sparked protests, debate in NYC
The case has sparked protests and debate over how New York City responds to mental health emergencies. CBS News New York learned Neely agreed to outpatient mental health treatment as part of a plea deal after a prior arrest, but left the program within weeks.
The jury spent the last several weeks listening to testimony from passengers, police officers and medical experts. Among those in attendance Monday was Manhattan District Attorney Alvin Bragg.
Penny has pleaded not guilty to both charges.
