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Daniel Penny manslaughter charge dismissed as jury breaks for weekend

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Daniel Penny manslaughter charge dismissed as jury breaks for weekend

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NEW YORK CITY — Jurors on the Daniel Penny chokehold trial returned to deliberations for a fourth day Friday for just an hour before telling the court they could not come to an agreement on the top charge, manslaughter, as they weigh the fate of a 26-year-old Marine veteran and architecture student accused of killing a mentally ill homeless man who threatened to kill people on a Manhattan subway car.

Around 11 a.m., the jurors sent a note to the court stating, “We the jury request instructions from Judge [Maxwell] Wiley. At this time, we are unable to come to a unanimous vote on count 1 – manslaughter in the second degree.” 

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The judge sent them back to deliberate more, but they told the court shortly after 3 p.m. that they still could not reach a unanimous decision.

The charge requires prosecutors to prove that Penny acted with recklessness when he grabbed Jordan Neely in a chokehold. Neely had barged onto the train while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.

DANIEL PENNY TRIAL: JURORS ASKED TO SEE KEY EVIDENCE AGAIN DURING DELIBERATIONS

Daniel Penny departs the Manhattan Criminal Courthouse in New York City on Thursday. (Adam Gray for Fox News Digital )

The judge initially ruled that the jury could not deliberate on the second charge unless they found Penny not guilty of manslaughter by some reason other than that the chokehold was justified. However, after jurors said they were deadlocked a second time, Assistant Manhattan District Attorney Dafna Yoran asked to have the top charge dismissed to allow the jury to debate the lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.

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The judge agreed and sent the jury home for the day. They will resume deliberations Monday, only on the second charge.

“Manslaughter in the second degree is dismissed,” Wiley told the jurors. “What that means is you are now free to consider count two. Whether that makes any difference, I have no idea.”

Wiley earlier gave the jurors “Allen charge” instructions after giving the attorneys time to review, but they still failed to reach a consensus.

DANIEL PENNY TRIAL: KEY EVIDENCE JURORS ASKED TO SEE AGAIN DURING DELIBERATIONS

Allen charges refer to jury instructions given to a hung jury urging them to agree on a verdict. They have a controversial history, with critics warning they can push jurors to change their views under peer pressure. They get their name from an 1896 Supreme Court decision in Allen v. United States.

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Penny’s defense asked for a mistrial to be declared, but the judge said he would give jurors more time and read them the Allen charge instructions.

Wiley told the jurors their vote must be unanimous, and if they cannot reach a unanimous verdict on the top charge, a new trial will have to be set with a new jury.

Jordan Neely is pictured before going to see the Michael Jackson movie “This Is It” outside the Regal Cinemas on 8th Avenue and 42nd Street in Times Square, New York, in 2009.  (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

“You’ve been a very good jury, and there’s no reason to think that any other jury in a future trial will be any more intelligent or fair than you are,” he said.

Wiley asked them not to violate their consciences but to look at the facts again with a “fresh slate.”

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“Given the factual complexity of the case, I don’t think it’s been too long,” he said.

Wiley sent them back to the jury room just after noon to pick up deliberations, and 30 minutes later they asked the judge to clarify the definition of a 
“reasonable” person as they continue to weigh whether Penny’s actions were reasonable and justified or criminally reckless. 

“They are being very deliberate and have since sent a note regarding the reasonable person standard. This reflects on the justification charge. If the jury does find the Government failed to disprove justification, the charges, including the top count, will be dismissed.”

— Steven Raiser, Penny defense attorney

MANHATTAN DA’S DOWNPLAYING OF DANIEL PENNY’S POTENTIAL PUNISHMENT ‘IMPROPER AND MISLEADING’: DEFENSE

During a lunch break, Penny attorney Steven Raiser told Fox News the jury’s latest question showed they were thinking hard about the top charge.

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“They are being very deliberate and have since sent a note regarding the reasonable person standard,” he said. “This reflects on the justification charge. If the jury does find the Government failed to disprove justification, the charges, including the top count, will be dismissed.” 

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

“A deadlocked jury on the top charge is not a victory for the defendant in a case that should never have been brought to begin with,” said Paul Mauro, a former NYPD inspector. “Daniel Penny is a young man spending thousands on attorneys, he faces a civil case, and a district attorney’s office that has chosen ideology over law enforcement may well retry him if we get a mistrial. His liberty remains at risk. This is not justice.” 

Neely was a 30-year-old with schizophrenia who told straphangers that someone was going to “die today” and that he didn’t care about going to prison for life. Penny grabbed him from behind in a chokehold to stop the outburst.

Neely later died. He had an active arrest warrant at the time. He was high on K2, a synthetic marijuana drug that functions as a stimulant, and his lengthy criminal record included a 2021 assault on a 67-year-old woman at another subway station.

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JORDAN NEELY’S DAD FILES LAWSUIT AGAINST DANIEL PENNY AFTER SUBWAY CHOKEHOLD

Daniel Penny arrives at Manhattan Criminal Court in New York City on Thursday. (Adam Gray for Fox News Digital)

Penny remained at the scene and spoke with responding officers. He also agreed to speak with NYPD detectives at the 5th Precinct building.

“He was talking gibberish… but these guys are pushing people in front of trains and stuff,” he told investigators. There were more than 20 subway shoves in the year before Penny’s encounter with Neely.

Just three days earlier, a subway rider had been stabbed with an ice pick on a J train, according to reports from the time. It was about a month after a PBS reporter got sucker punched on a No. 4 train. There was a shove a week before that, and the victim hit the side of a moving R train and survived.

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In that climate of fear, witnesses said they were terrified by Neely, who shouted death threats at them.

Witness Ivette Rosario, a 19-year-old student, testified that Neely shouted someone would “die that day.”

Penny faces a maximum punishment of 15 years in prison if convicted on the more serious charge.

Fox News Research contributed to this report.

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Pennsylvania

Small Pennsylvania town battles billionaire buying up homes and shops

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Small Pennsylvania town battles billionaire buying up homes and shops


Residents of a wealthy Pennsylvania village confronted developers this week after learning that a billionaire has quietly bought up much of the town’s commercial core, fueling fears that one family now wields outsized control over its future.

The backlash centers on Jeff Yass, Pennsylvania’s richest man, whose family has spent more than $15 million acquiring homes, storefronts, and civic properties in Gladwyne, a community of just under 5,000 residents and where median home prices top $2.3 million.

At a packed public meeting in a school auditorium, developers working with Yass unveiled their first detailed redevelopment plans for the village center.

The moment that drew both applause and skepticism from residents alarmed by shuttered businesses, rising rents, and unanswered questions about the scope of the billionaire-backed project.

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Standing before the crowd, Andre Golsorkhi, founder and CEO of design firm Haldon House, unveiled a sweeping redevelopment plan crafted in partnership with Yass and his wife, Janine. 

Golsorkhi framed the effort as a ‘community impact project,’ insisting the billionaire family’s intentions were rooted in preservation rather than profit.

But for a town already rattled by closed storefronts, the presentation drew plenty of suspicion and unease.

Over the past several years, Haldon House and the Yass family have acquired multiple properties clustered around the intersection of Youngs Ford and Righters Mill Roads – effectively Gladwyne’s commercial heart.

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Gladwyne, Pennsylvania, a village of just under 5,000 residents, is suddenly at the center of a high-stakes fight over its future

Controversy erupted after Jeff Yass quietly bought up much of the village's commercial core. Yass is pictured alongside his wife Janine Coslett

Controversy erupted after Jeff Yass quietly bought up much of the village’s commercial core. Yass is pictured alongside his wife Janine Coslett

The redevelopment plans promises historic architecture, green space, and independent retailers - but no chains or hi-rise apartments

The redevelopment plans promises historic architecture, green space, and independent retailers – but no chains or hi-rise apartments

Those purchases include the former Gladwyne Market, the Village Shoppes, residential property on Youngs Ford Road, the Gladwyne Post Office building, and the former OMG Hair Salon, which was leased and later vacated.

Two longtime fixtures, the OMG Salon and Gladwyne Market, closed last year after the acquisitions sent ripples through the community fueling rumors about what was coming next.

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Gladwyne has long prized its small-town feel and locally owned businesses, even as it sits among some of the wealthiest ZIP codes in the state. 

The idea that one billionaire family now controls much of the village center has left some residents uneasy, particularly as redevelopment plans remained opaque until now.

‘There’s been a lot of justified, warranted concern,’ Golsorkhi acknowledged during the meeting, as reported by the Philadelphia Inquirer. 

Renderings presented by Haldon House show a carefully curated version of Gladwyne’s future: preserved late-1800s stone architecture, wraparound porches, ivy-covered walls, Adirondack chairs, hydrangeas, and signage branded ‘Gladwyne Square.’ 

The plan calls for new green space, pedestrian-friendly footpaths, and a mix of small, independent retailers.

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Golsorkhi stressed there would be no residential development, no national chain stores, and no high-rise buildings. 

The renderings emphasize Adirondack chairs, hydrangeas, and pedestrian-friendly walkways meant to evoke a timeless village square

The renderings emphasize Adirondack chairs, hydrangeas, and pedestrian-friendly walkways meant to evoke a timeless village square

Wide green lawns, picnic tables, and open gathering spaces feature prominently, projecting a calm, upscale community hub

Wide green lawns, picnic tables, and open gathering spaces feature prominently, projecting a calm, upscale community hub 

Gladwyne Pharmacy is slated to remain, with developers helping 'reimagine' its layout and customer experience

Gladwyne Pharmacy is slated to remain, with developers helping ‘reimagine’ its layout and customer experience

Gladwyne Market, a longtime community staple, was shuttered after its building was acquired by the developers

Gladwyne Market, a longtime community staple, was shuttered after its building was acquired by the developers

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Andre Golsorkhi, the CEO of Haldon House, has emerged as the public face of the project, insisting the billionaire-backed overhaul is a community-focused effort rooted in preservation rather than profit

Andre Golsorkhi, the CEO of Haldon House, has emerged as the public face of the project, insisting the billionaire-backed overhaul is a community-focused effort rooted in preservation rather than profit

Existing tenants like the local café Homeroom and Gladwyne Pharmacy would remain, while the former Gladwyne Market site would become a ‘casual, but elevated and approachable’ restaurant.

‘This is a place that we grew up, that we love, that we care for tremendously,’ Golsorkhi told those at the meeting. 

‘It has been protected for all the right reasons, but it has also not evolved. It needs a revitalization.’

Golsorkhi and his wife, Autumn Oser, co-owner of Haldon House, are both from the Gladwyne area, a point he emphasized repeatedly as residents questioned the motivations behind the project.

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But not everyone remains convinced. 

‘I just wonder what the end game is,’ one resident said during the question-and-answer session. 

‘There’s always a price for this, having someone come in and say, ‘I’m going to make your community really, really cool and don’t worry about the money.’

Golsorkhi said the Yass family is prepared to absorb the costs of redevelopment but that it was too early to project a timeline. 

He repeatedly described the effort as part investment, part philanthropy.

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The Gladwyne Post Office, also purchased as part of the redevelopment, has become a flashpoint after confusion over whether its services could eventually be reduced or relocated

The Gladwyne Post Office, also purchased as part of the redevelopment, has become a flashpoint after confusion over whether its services could eventually be reduced or relocated

OMG Hair Salon closed after its rent was sharply increased, becoming a flashpoint for critics of the project

OMG Hair Salon closed after its rent was sharply increased, becoming a flashpoint for critics of the project

Home Room café is expected to expand and remain part of the village’s future under the plan

Home Room café is expected to expand and remain part of the village’s future under the plan

They have already worked closely with Gladwyne Pharmacy helping ‘reimagine’ its design and customer experience with ‘no expectation of return.’

‘We’re doing that because we believe that the consistent experience and character of Gladwyne is really important,’ Golsorkhi said, adding that the pharmacy’s footprint had grown in ways that no longer best served the business or the community.

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The developers also floated ideas for expanding green space, adding picnic tables and lawns, and creating venues for community events. 

Independent bakeries, boutique fitness studios, and ice cream shops are among the businesses they hope to attract.

One flashpoint involved the Gladwyne Post Office, which Golsorkhi suggested was ‘retiring its services,’ raising the possibility of a consolidated shipping hub combining USPS, UPS, and FedEx.

But Paul Smith, manager of public affairs for the US Postal Service in the Philadelphia region, said the Gladwyne post office remains open for retail transactions, mailing services and that the post office itself is not closing.

Behind the polished renderings and talk of preservation, business owners say the transition has come at a personal cost.

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Other small shops around Youngs Ford and Righters Mill Roads now sit at the center of redevelopment uncertainty

Other small shops around Youngs Ford and Righters Mill Roads now sit at the center of redevelopment uncertainty

Gladwyne is prized by residents for its historic charm, tight-knit community, and small-village feel

Gladwyne is prized by residents for its historic charm, tight-knit community, and small-village feel

Longtime residents worry the village’s identity is being reshaped by one billionaire’s vision

Longtime residents worry the village’s identity is being reshaped by one billionaire’s vision

Maurice Tenenbaum, owner of OMG Hair Salon, said the building’s owners more than doubled his rent last fall, forcing him to give up the space.

Pete Liccio, the former owner of Gladwyne Market, said that he also felt pushed out after decades serving the community.

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Some residents left the meeting energized, calling the proposal long overdue.

‘What I’m seeing here is a center of gravity and an identity for Gladwyne that’s well-deserved and long been needed,’ one attendee said to the Inquirer.

Others walked away unconvinced, wary of a future shaped largely by one billionaire’s vision.

‘This is an investment and a philanthropic effort,’ Golsorkhi told the crowd. 

‘I understand and I recognize that that is a challenging thing to sort of believe.’

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Rhode Island

‘ICE Out for Good’ rally being held at the State House

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‘ICE Out for Good’ rally being held at the State House


PROVIDENCE, R.I. (WPRI) — Indivisible R.I. is holding a rally on Sunday as part of the “ICE Out for Good” demonstrations taking place this weekend nationwide.

The rally is in response to the fatal shooting of Renee Nicole Good by a United States Immigration and Customs Enforcement agent on Wednesday in Minneapolis.

In a release, the organization said the rally will “honor the life lost, make visible the human cost of ICE`s actions, and demand that state and federal leaders reject local contracts with ICE, take every action possible to stop ICE from operating in Rhode Island, and hold ICE agents accountable when they break the law.”

Download the WPRI 12 and Pinpoint Weather 12 apps to get breaking news and weather alerts.

Watch 12 News Now on WPRI.com or with the free WPRI 12+ TV app.

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Vermont

The rise and fall and rise of Vermont-schooled skier Mikaela Shiffrin – VTDigger

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The rise and fall and rise of Vermont-schooled skier Mikaela Shiffrin – VTDigger


Vermont-schooled Mikaela Shiffrin celebrates a successful World Cup run at the Killington Ski Resort. Photo by Andrew Shinn

The last time many Vermonters saw Mikaela Shiffrin, the Alpine ski racer was standing atop Killington’s Superstar trail, seemingly a minute away from scoring an unprecedented 100th World Cup win.

Then, figuratively and literally, she went downhill fast.

The Burke Mountain Academy graduate had snagged the lead in the first of two giant-slalom runs on Nov. 30, 2024, only to follow up by slipping, somersaulting and slamming into a fence 12 seconds from the finish line.

Some 20,000 spectators went silent as the two-time Olympic gold medalist was rushed away on a rescue sled. They and 2 million national television viewers wouldn’t learn more until the skier took to Instagram at dusk from the nearby Rutland Regional Medical Center.

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“I am so sorry to scare everybody,” Shiffrin said in a selfie video as she revealed an abdominal wound with a playful “ay, ay, ay.”

Fourteen months later, the 30-year-old is again on the rise in advance of next month’s Winter Olympics in Italy. Commentators point to her opening five-race winning streak this World Cup season. People with closer ties add that just returning to competition was a feat in itself.

“She’s been the best in the world for a long time, but given everything that has happened, to stay there is one of her most impressive accomplishments,” says Willy Booker, head of Shiffrin’s alma mater in the Northeast Kingdom.

Shiffrin graduated from the grade 8-12 ski school in 2013, the same year she became the youngest U.S. woman (at 17) to win a slalom world championship. Moving on to the Olympics, she scored slalom gold in 2014 and giant slalom gold and Alpine combined silver in 2018. A year later, she became the first skier to claim World Cup victories in all six disciplines — slalom, giant slalom, parallel slalom, alpine combined, super-G and downhill.

Booker, a onetime competitor himself, was at Killington on the 2024 Thanksgiving weekend when Shiffrin rocketed through the first of two runs of the giant slalom — a race down and around a series of gates — sparking the crowd to buzz about a potential new peak: a never-before-seen 100th World Cup win.

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U.S. Nordic skiing’s future is a Vermonter with a pioneering family pastAdvertisement

“It was amazing, building towards this crescendo,” Booker recalls of the anticipation.

Come the second round, NBC sportscasters spoke of especially icy course conditions just before Shiffrin launched from the start at 50 mph.

“She’s nervous, she’s a little bit stiff, and why would you not be?” commentator Picabo Street said on air. “But she’s forward, she’s leaning into it.” 

That’s when Shiffrin slipped, struck two gates, lost a ski, slammed into a fence and went scarily still — all in five seconds.

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Mikaela Shiffrin crashes during the second run of the Killington World Cup giant slalom on Nov. 30, 2024. Photo by Robert F. Bukaty/Associated Press

“Nobody knew how bad it was,” Booker remembers of the sudden hush.

Medics transported Shiffrin about 15 miles west to Rutland Regional Medical Center, where hospital spokespeople maintained patient confidentiality even as the athlete and her crew set up cameras in the emergency room.

Shiffrin posted on social media that night, then appeared on NBC from Killington the next day.

“We’re just not totally sure how I got punctured,” she told viewers of the stab wound that missed perforating her colon by millimeters. “Very lucky to not have worse injuries.”

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But Shiffrin added that it hurt to breathe, let alone move — similar to how she felt after the accidental death of her 65-year-old father in 2020 and her failure to medal after three falls in the 2022 Olympics.

After Killington, some would sit out the rest of the season, especially with the concluding world championships less than 10 weeks away. But Shiffrin was determined to return, even after fluid buildup and infection-signaling fever and chills forced her into surgery two weeks later.

Developing a step-by-step rehabilitation plan, the skier focused first on simply standing, then walking, then easy exercises and, after four weeks, stepping into ski boots and snow.

Two months after her crash, Shiffrin raced the World Cup slalom in Courchevel, France, on Jan. 30, 2025, finishing a seemingly confidence-building 10th. But she continued to struggle off the course, seeing occasional flashes of imagined stumbles and spills.

A therapist viewed the visions as signs of post-traumatic stress disorder before sharing words from the late children’s television star Mister Rogers: “What’s mentionable is manageable.” And so Shiffrin expanded her recovery efforts from body to mind.

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“A lot of it is trust that with time and practice and exposure, clarity will come back,” the athlete recalled in a recent self-produced video series, “Moving Right Along,” on her YouTube channel.

Shiffrin went on to ski at the February world championships in Saalbach, Austria, placing fifth in the slalom and helping the U.S. team win a combined event. She capped the month a week later in Sestriere, Italy, by finally scoring her 100th World Cup victory.

Since then, Shiffrin has increased her World Cup total to 106. Students and staff at Burke Mountain Academy are set to watch her attempt to add to her medal count at next month’s Olympics.

“There is a huge amount of pride,” Booker says. “They go to the same school as the greatest ski racer of all time.”

One who has little else to prove — yet, in her estimation, still more to gain.

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“I’ve been doing this for a while, but I’m still learning new things,” Shiffrin concluded in her video series. “There’s new exciting adventures always just around the corner, and I’m looking forward to seeing what’s next.”





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