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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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Boston, MA

Defense, Donovan Clingan power Trail Blazers past Boston Celtics

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Defense, Donovan Clingan power Trail Blazers past Boston Celtics


There was clutch fourth-quarter defense, inspiring two-way play from Toumani Camara and another stat-stuffing performance by Deni Avdija.

But perhaps no one or no thing meant more to the Portland Trail Blazers on Sunday than Donovan Clingan.

The starting center’s combination of defense, emotion and dominance powered the Blazers to a 114-108 win over the Boston Celtics before 17,949 at the Moda Center.

“I think he was our best defensive player,” Blazers acting coach Tiago Splitter said of Clingan. “Just his presence, reading every situation, talking, leading. He was a big part of our win.”

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Clingan finished with 18 points and 18 rebounds, recording his ninth double-double of the season, as the Blazers (13-19) ended a three-game losing streak. He was suffocating early, producing 11 points and eight rebounds in the first quarter. He was clutch late, adding five points and six rebounds in the fourth. And he was a mountain of energy and intensity throughout.

He stared down Celtics players after monster two-handed dunks. He came oh-so-close to drawing a technical foul in the second half, when he towered over a Boston player after finishing a dunk. And he punctuated big shots with screams to the rafters and raised arms.

The Blazers seemed to feed off his energy and emotion, riding it all the way a much-needed win.

“He’s one of those dudes that scores (and) looks at the opponent,” Splitter said. “He tries to bring some juice every time he (has) a good play or a block or something like that, just to pass (it along) to the rest of the guys, the energy, the belief that he has. He’s very important for our defense, for our offense, for the whole locker room’s energy. He’s one of those guys.”

Of course, it took more than Clingan for the shorthanded Blazers to topple the Celtics (19-12).

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Camara finished with 20 points, made four of five three-pointers in the second half and played imposing defense. Avdija overcame a shaky first half that included five turnovers to produce 24 points, 10 assists and seven rebounds. Shaedon Sharpe added 26 points and five rebounds and Caleb Love scored 18 points off the bench, which included 10 crucial points in the fourth quarter.

Boston had control for most of the first half and built a 10-point lead in the third quarter, thanks in large part to a breathtaking performance by Jaylen Brown, who torched the Blazers with 27 points on 11-for-16 shooting before halftime.

But Splitter tweaked his defense to feature a swarm of double teams and blitzes at the Celtics’ All-Star forward, and it helped fuel a second-half turnaround.

Portland opened the third quarter by outscoring Boston 12-2 and Brown managed just 10 points on 3-for-8 shooting after halftime.

Still, like most of the Blazers’ games this season, the outcome came down to clutch time. And this time, the Blazers’ defense was the difference.

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Portland held Boston to three points over the final two minutes, 41 seconds of the game, allowing just one field goal — a Derrick White three-pointer with 43.0 seconds left. Otherwise, the Blazers’ defense was stifling, forcing two missed shots and four turnovers, including two on the Celtics’ final two possessions of the game. The Celtics scored just 45 points in the second half, including 23 in the pivotal fourth quarter.

“I think Sidy (Cissoko) brought energy,” Splitter said. “Toumani always (does). D.C. was protecting the rim, his rebounding was huge. But as a group, the energy was there. We were fighting every screen. They have great players that can shoot the ball. They’re one of the best shooting teams in the league. So (we) had to fight all those screens, getting over or under, and (we) did a good job navigating those positions.”

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Avdija finished with 20 or more points for the 26th time this season and recorded double-digits in assists for the fifth time this season.

Brown finished with 37 points, seven rebounds and four assists for the Celtics, who had won four in a row and nine of 11.

A pair of reunions

Anfernee Simons returned to the Moda Center for the first time as a visitor, finishing with 13 points, three rebounds, two steals and one assist in 19 minutes.

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Simons, who spent his first seven seasons with the Blazers, was traded to the Celtics in the offseason in a move that brought Jrue Holiday to Portland. Simons came off the bench for Boston on Sunday and swished his first shot — a three — 17 seconds later. But his shot was mostly cold the rest of the night as Simons made just 4 of 11 field goals, including 2 of 6 threes.

Meanwhile, Payton Pritchard, who went to West Linn High School and played for the Oregon Ducks, recorded nine points, five assists, five rebounds and two steals in 38 minutes.



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Pittsburg, PA

Our 5 favorite Pittsburgh area restaurants that opened in 2025

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Our 5 favorite Pittsburgh area restaurants that opened in 2025


At NEXT, we love sharing all kinds of Pittsburgh stories with our readers. But if we had to pick a favorite topic, it would be covering new restaurants. Can you blame us?

The regional food scene shows no signs of slowing down: There were so many openings this year we couldn’t possibly visit them all. Our favorites of the year include dishes from India and Poland to Brooklyn and Korea. Some of them are tucked away in tiny boroughs and some are in busy city neighborhoods, but they’re all deliciously unique. If you haven’t tried these places yet, put these eateries on your list now.

Tatva

12009 Perry Highway, Wexford

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Roman Hladio

Chief Reporter

Tatva’s curries or biryanis are stellar, but they play second fiddle to all the small plates and sides that you can’t help but order droves of. Its Punjabi samosas are about the size of your palm and dusted lightly with spice so you can devour them before any sauces hit the table and still get a flavorful bite. The pastry is flaky yet doesn’t crumble to dust between bites, and the filling is just the right texture — you’re never left fighting through a large chunk of potato to reach those rich spices or sweet peas. If you were raised a carnivore — like myself — and have an innate disinterest in vegetarian cooking, you need to try the Hara Bara Kabab off Tatva’s Tandoori menu. The spinach and pea patties are creamy, spicy and have an uncannily crisp crust that makes them irresistible. I’ve shamelessly ordered two portions in one sitting, and they’ve been my gateway drug to other vegetarian and vegan entrees.

Vegan Golabki and Beet Salad at Polska Laska. Photo by Jennifer Baron.

Jennifer Baron

Events & Jobs Editor

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Stepping into Polska Laska sets the scene for a memorable dining experience: Nestled within a narrow brick building — like a humble mini flatiron — the iconic corner storefront beckons with its bright red double doors, large windows and cheerful sign decorated with stencil lettering and folk art motifs. Taking a seat in the sun-bathed interior is more akin to having dinner at your grandmother’s kitchen table than it is a formal dining setting. For this patron, it even feels more like home, since I am also the proud owner of several 1950s-era Formica kitchen tables and have collected vintage dishware for decades. Receiving the genuine warmth of owner Olive Visco, it’s hard to not be equally smitten with the proprietor, the place — and those signature pierogies — equally. With delicately braided edges, the vegan potato and sauerkraut pierogies had me hooked. On a steamy August day, the Vegan Golabki did wonders, with buckwheat, potato, kapusta, stuffed cabbage and tomato gravy. Fresh beet salad provided side dish perfection.

One of my favorite things about Visco’s approach is that her menu features locally sourced ingredients and is constantly changing, which means you should keep going back to try all the new things she’s perfecting. The best way to keep up with the rotating specials of the week before they sell out is by following their Instagram to drool over the irresistible photos. When riffing on the ‘rogi, Polska Laska thinks way outside the dough. During their first year in business, they’ve served everything from Pumpkin Beer Cheese Pierogies to The Vegan Cowboy Pierogi with potato, soy chorizo, corn, pepper, pickled red onion, jalapeño and vegan cheese and sour cream.

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Turkish/Greek cuisine always shines most during warm weather if you ask me. That’s especially true at AVVA, which offers ample outdoor seating on its spacious wrap-around porch and patio, which is heated and covered during the winter for outdoor diners who don’t mind keeping jackets on. The dinner menu includes meze staples like banaganoush, hummus and htipiti, plus shish kebabs, lamb chops, bronzino, salads and much more. The real standout for me, though, was brunch. The savory egg plates with haydari yoghurt, warm chili butter, sujuk, capers and hollandaise sauce paired with Turkish coffee make for a delightful start to a slow weekend morning.

AVVA, which opened in April in the former Mike & Luke’s Front Porch location, does offer indoor seating in its dining room, but space is limited, and reservations are recommended. After brunch, stop and walk around Aspinwall’s charming business district, which includes Spark Books, Bella Christie’s Sweet Boutique Bakery, Rosebud’s gift shop, The Sōl Collective and Aspinwall Beans ’n’ Cream.

Leek & Guanciale Pie from F&F Pizzeria. Photo courtesy of F&F.

Aakanksha Agarwal

Contributing writer

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When a long-mythologized New York pizzeria chooses Pittsburgh for its first out-of-state expansion, we pay attention. F&F, from Frank Castronovo and Frank Falcinelli of Brooklyn’s Frankies restaurants, ended up being one of my favorite openings of 2025 by doing something very simple very well.

Pittsburgh already has great pizza. Just ask Joe Manganiello. But between deep-dish, Neapolitan, Detroit-style and classic red-sauce pies, F&F finds a fourth (or 20th) lane. Call it hybrid NYC-Neapolitan if you will.

The pizza comes thin, lightly chewy, crisp underneath and flexible enough to fold. The classic cheese is my baseline, all tomato-ey bright but restrained, mozzarella in soft pools, finished with a good drizzle of Sicilian olive oil. The clam pie, a Brooklyn signature, is more expressive with chopped clams, garlic, breadcrumbs, and finally, a squeeze of lemon, tasting faintly of the ocean.

What seals it is how easy the pies are to eat. Three slices in, a fourth still feels possible. Add buttery olives, stewy beans and greens, and a properly cold, bitter Negroni, and there’s no real reason to leave.

Aakanksha Agarwal

Contributing writer

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Top Pot & KBBQ is an all-you-can-eat Korean barbecue and hot pot spot where both happen at the same table. You can choose to do one or both, and each setup comes with a built-in grill and a simmering pot. I love that you’re cooking as you go and setting the pace yourself. There’s also a sauce bar stocked with soy, garlic, chili, sesame oil and other essentials, which you’ll want to visit early and often.

Once orders arrive, the table fills quickly. Thinly sliced galbi and bulgogi, pork neck, shrimp and assorted seafood are accompanied by enoki, shiitake and oyster mushrooms, leafy greens, tofu, corn and noodles. Broth options range from mild and savory to tom yum–style, and the breadth of ingredients keeps the experience varied from start to finish. There’s beer, soju and cocktails to pair with the dishes.

The fun comes from the collective momentum. Someone inevitably will be fighting off a food coma mid-meal. Someone else might create an unhinged sauce that becomes the table standard. You eat in rounds, pause to talk, then jump back in. Service is good at walking first-timers through the process, then backing off once you’ve got it.

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One quick note of wisdom: Don’t come right after washing your hair. With open grills and steaming broth at every table, the experience is immersive and intensely aromatic. Accept it, plan accordingly, and consider it evidence of a night well spent.

Honorable mentions:

A lamb burrito, borscht and khachapuri from Zozula’s pop-up. Photo by Roman Hladio.
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Roman Hladio

Chief Reporter

I can’t give you a firm date on when this one will return to Pittsburgh, but since it was one of my favorite meals of the year, I can’t pass up a chance to heap praise. If you’re looking for the best burrito in Pittsburgh, you have to track down Chef Beth. Her homemade tortillas have a little tug to them that not only makes them an ideal vessel for stuffing full of toppings, but also just makes them fun to eat. The braised lamb and beans inside coat your mouth and leave you licking your teeth for just one more taste. If borscht happens to also be on the menu when Zozula next rolls around, save a bit of your dill yogurt for dunking your burrito in. You can thank me later.

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A spread of Balena Bagels. Photo by Jennifer Baron.
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Technically, Balena Bagels opened at the tail end of 2024, but they became the talk of Castle Shannon throughout 2025, so we’re being cheeky and including them here anyway.

I’m always on the hunt for great bagels in Pittsburgh. It turns out that I’ve got lots of kindred spirits in the South Hills. And they found them first.

I had wanted to check out Balena Bagels since our food writer, Aakanksha, mentioned them in one of her restaurant roundups. So, a couple weeks ago, I popped down to this cute shop in Castle Shannon (right by the Willow Station on the T). But no luck – or should I say “no lox”? They were sold out two hours before the 2 p.m. closing time.

Fortunately, owner Audrey Brown was there and graciously pulled a spare bagel from an emergency bagel kit for me (which absolutely should become a thing!).

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Brown was also kind enough to spare a little time to talk shop with a fellow bagel nerd.

I asked Brown what she’s learned in the past year that she didn’t have in mind at opening: “Cream cheese is super important! People really want it,” she said. “We’ve had to figure out how to make our own cream cheese, and what flavors we want to make.”

One team member, Michelle, acts something like a cream cheese sommelier when it comes to determining which flavors to make for the shop. Brown said, “Michelle does a lot. She has this super sense of smell. If she doesn’t like the smell of something, we have to move on. … We just try different things until we hit what we want.”

It’s clear there is both passion and expertise in the bagels that Balena makes. The chew is great. It’s got that signature bagel tang. And the shop is clearly home to a team of people committed to serving the community what they desperately want: a darn good bagel with tasty cream cheese.

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Connecticut

Overnight Forecast for Dec. 29

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Overnight Forecast for Dec. 29



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