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Daniel Penny manslaughter charge dismissed as jury breaks for weekend
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.”
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.
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.
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.”
“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.”
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.
“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.
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.
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 Red Sox
The last time Boston recorded a series win at Fenway was on April 8 against the Milwaukee Brewers.
The Boston Red Sox achieved something that they hadn’t done in over two months on Saturday.
The club won just its second home series of the season with a 6-3 victory over the Texas Rangers.
Boston’s other series win at Fenway Park came all the way back on April 8 versus the Milwaukee Brewers.
A lot has changed since that day, but the Red Sox’ lackluster play on their home diamond hasn’t. Saturday’s win improved their home record to 12-21, but that’s still the worst of any MLB team.
Nonetheless, a series win is a series win, especially against a potential future Hall of Fame starting pitcher like Jacob deGrom.
“It’s been a minute,” interim manager Chad Tracy said of securing multiple wins at home after the game. “It feels good. It’s no secret … we all know we have to play better at home. We’ve played two really good ballgames here to start. Won a series there (in April) and have a chance to go sweep one, so it feels good for the guys, for sure.”
deGrom didn’t have his best stuff, luckily for Boston. The 37-year-old tossed six innings and gave up six hits, two earned runs, and notched five strikeouts.
He left the game tied at 2-2 after his day was done, paving the way for the Red Sox’ bats to take advantage of the Rangers’ bullpen.
And that they did.
Ceddanne Rafaela drove in two runs on a timely RBI single in the seventh inning to give Boston a 4-2 lead.
After a similarly strong game the night before in which he hit a two-run home run and two doubles, Rafaela credited the warm weather for Boston’s bats getting hot. Perhaps Saturday’s continuation of 90-degree temperatures helped keep the offense going.
In the top of the eighth, Texas’ Jake Burger brought his club within one via a solo home run, but Jarren Duran had other ideas.
Duran launched a two-run homer to extend Boston’s lead to 6-3, which was ultimately the final score.
It remains to be seen whether the Red Sox’ latest series win is the start of a shift in momentum. Nevertheless, it’s undeniable that the team is playing better at home as of late. In their last 11 home games, they’ve hit .282 with 57 runs scored, 40 extra-base hits, a .340 on-base percentage, .465 slugging percentage, and .805 OPS.
“I think every win matters, especially at home,” Rafaela told NESN’s Adam Pellerin. “We want the fans to be happy and that’s what we try to accomplish. Show up tomorrow and get the win.”
Boston will attempt to complete its third series sweep Sunday at 7:20 p.m. Eastern Time. The game will be broadcast on NBC.
USL Championship
FINAL: Pittsburgh Riverhounds 1, Indy Eleven 0
Stream: KDKA+/ESPN+
Instant Recap
The energy was high and the weather was warm on a lovely Saturday night at FNB Stadium, where a crowd of 5,977 – the fifth-highest in regular season history at the stadium – had a great time in a fun match, capped off with a thrilling stoppage time winner for the Hounds in a 1-0 victory.
In a clash of styles, each side tried early to establish their preferred style. The Hounds patient build-up struggled to get going initially under Indy’s heavy pressure and rapid counter-attacks, but settled in as the half progressed. Prior to that, however, the vistors would enjoy the best chance of the half early on.
A free kick in the seventh minute was put towards the back post by Jack Blake, where an Indy attacker was able to head it back across goal. A teammate read the effort well and directed a header low to the bottom-right of goal, but a great save by a diving Nico Campuzano was able to keep it out and Indy off the scoreboard.
Just before the half-hour mark, the Hounds would get their best chance. Eliot Goldthorp played a leading ball to Perrin Barnes on the right wing, just outside the 18-yard box. Barnes was able to feed a smooth cut-back return to Goldthorp, who fired a low, quick shot towards goal. Unfortunately, in a familiar sight to Hounds fans, Eric Dick was quick to dive down and smother the effort, keeping Goldthorp out.
Another pair of efforts from Charles Ahl on the right wing and centrally from Goldthorp were both unable to beat Eric Dick later in the half. Ultimately, neither side was able to beat the other decisively and we entered the break still level with nothing on the scoreboard.
While each side tried to get their footing in the second half, it was tough sledding as perhaps the warm weather got to each side and slowed things down. The Hounds would take a good effort in second half on a series of corners, the last of which was headed near-post by Danny Griffin and was only kept out by some substantial reflexes from Eric Dick.
Ultimately, the winner would wait until stoppage time. On a late corner, a scramble for the ball ultimately landed at the feet of defender Lasse Kelp in the box near the end-line. He managed to fire off a rapid shot low and hard that managed to squeeze by Eric Dick in goal and slot home for his first career goal and the winner on the night.
The Hounds would see out the final moments of extra time before elation at the final whistle, the crowd erupting for the brilliant finish to the entertaining match that saw their home side emerge victorious. Both sides remain firmly in the Eastern Conference playoff picture, and return to action next week as USL play continues through the World Cup.
Match Day Updates
Follow along with live match updates here
Fulltime – Riverhounds 1-0 Indy Eleven.
90′ – GOAL, RIVERHOUNDS! This one seemed destined for a scoreless draw, but Lasse Kelp decides otherwise! The defender sneaks a quick hit past Dick at the near post for his first professional goal and the likely winner tonight!
5,977 in attendance here tonight, fifth-largest regular-season game in stadium history here!
75′ – A series of corners for the Hounds here midway through the half. The latest take headed goalward by Danny Griffin but very well saved by Eric Dick’s quick reflexes.
66′ – A good run from Goldthorp and he’s fed by Mertz centrally into the box. He’s briefly dispossessed and the ball falls to Dikwa, who drops it back to Danny Griffin. His effort, as not uncommon for him, goes well above the crossbar.
58′ – A few dangerous bounces in the box near goal before an Indy defender blasts it out for a corner. Hounds to take after the Indy defender on the ground gets treatment.
57′ – Foul called for a rough challenge on Dikwa, as he’s taken down by Paco Craig, who receives a yellow for his trouble. Hounds free kick in the attacking third coming up.
46′ – First shot of the second half goes to the Hounds early, as Goldthorp shoots a low, easy effort on-target for Eric Dick to scoop up.
45′ – Halftime at Highma- wait no, FNB Stadium. Some decent efforts in either direction, but nothing finding the better of the two keepers so far. We remain level at no score.
38′ – Another shot on-target from Eliot Goldthorpe, as he fires a right-footed effort straight at Eric Dick, and it’s easy for him.
33′ – A nice right-footed effort from Charles Ahl as he cuts inward from the left wing is well-struck, but right at Eric Dick who holds it competently.
30′ – Some confusion as the ball nearly crosses the goal-line and Dikwa clears it off the line in defense, but it ultimately won’t matter anyway as a foul is whistled – causing some to think a goal had been given. But all told, we remain deadlocked at zero.
28′ – A blocked cross hands Indy another corner near the half-hour mark. It’s taken by Lindley towards the center of net, headed away, and then fired back in and deflected for another corner on the opposite side.
25′ – Great chance for the Hounds as Perrin Barnes cuts back an excellent ball to Eliot Goldthorp, who rifles a first-time effort low and towards goal. Unfortunately, it’s a familiar sight for the Hounds fans, as Eric Dick safely claims the effort to keep it out.
21′ – A late challenge that takes down Charles Ahl on the left wing for the Hounds earns a yellow card for Indy’s Cam Lindley. Deep free kick incoming for the Hounds.
20′ – A good cross from the right wing is met with a nicely-executed volley from Jack Blake for Indy, but the effort sails just a bit over the crossbar. Still, a good effort from Indy on a rapid counter.
17′ – Lots of action in the Indy defensive third, but missing the critical final pass for the Hounds. Nothing yet to threaten Eric Dick in his return to FNB Stadium.
12′ – Jack Blake and Cam Lindley stand over it, and Blake sends it straight into the wall and out for a corner.
10′ – Dangerous foul mere inches outside the box, very nearly a penalty for Indy. But as it stands, it’ll be a very good chance on a free kick for the visitors, and a yellow card issued to Perrin Barnes for the foul.
7′ – Free kick for Indy in the attacking third, looped toward the back post where it’s headed back centrally and then on-target, stopped by a nice save from Campuzano in net! Close one for Indy off the set piece, but we remain level.
5′ – Not much threat either way as the ball pings back and forth. Steel Army really going at Eric Dick hard as this one gets going – little love for last year’s team favorite and golden glove winner!
1′ – We’re off! The Hounds were supposed to be wearing their “250” 4th kits, but clashes with Indy’s color scheme prevented it (see you July 4th). As it is, Hounds in white, Indy in red!
0′ – Gorgeous night here at FNB Stadium, with the stadium just as full as it was for the USMNT watch party last night. The Hounds host the Indy Eleven and returning former teammates Eric Dick and Edward Kizza.
Starting XIs
Pre-Game Coverage
Riverhounds Notebook: Title winning keeper hero Eric Dick to make surreal walk back to face Paul Child Stand, plus midfield shuffle expected for showdown vs Indy Eleven
Connecticut
2 rescued, fisherman still missing after getting trapped in rising water at Connecticut beach
Multiple law enforcement agencies responded to a beach rescue in Santa Cruz County, California. Authorities said about eight rescue swimmers entered the water to extricate the victims.
FAIRFIELD, Conn. – Two people, including a fisherman, have been rescued, and crews are looking to locate another that was trapped on a reef when water started to rise at a Connecticut beach.
The Fairfield Fire Department responded to a call for help after getting a report that two fishermen were in distress off the reef at Penfield Beach. It happened around 7 a.m. on Saturday.
EXPERTS SAY MILLIONS OF SPOTTED LANTERNFLIES COULD PLAGUE NEW YORK CITY THIS YEAR
Investigators said that while the two fishermen were on a reef, the incoming tide quickly surrounded them, leaving them trapped, with the water still rising and no safe way back to shore.
A lifeguard station on Penfield Beach in Fairfield, CT.
(DeviantCharisma / Getty Images)
A witness saw what happened and jumped into the water to help. While they were able to find one of the fishermen, both were subsequently swept into deeper water, according to the fire department.
Police and fire officials dispatched multiple marine assets to the area, and the Fairfield Police Boat was able to rescue the witness and one fisherman.
Search efforts to find the second fisherman have been suspended for the night, but are expected to pick up on Sunday morning.
SEARCH FOR MISSING MARINER OFF MARYLAND COAST UNDERWAY AFTER BOAT FOUND UNMANNED
Drone units from Fairfield and nearby Westport assisted in search operations. Helicopters from the U.S. Coast Guard and Nassau County, New York, also responded.
Dive teams from several neighboring cities and towns responded to the scene to assist with the search, too.
A peaceful evening at Fairfield Beach, Connecticut, with a lifeguard chair standing empty on the sandy shore. The serene waters of Long Island Sound reflect the soft pastel hues of the setting sun, while a near-full moon rises into the clear sky. The quiet beach scene, with coastal homes in the distance, captures the calm and tranquility of a New England beach town at dusk.
(Roshan Polepalli / Getty Images)
The rescued fisherman was transported to a nearby hospital with non-life-threatening injuries, due in large part to the heroic actions of the witness, according to fire officials.
Despite an extensive search involving local, state and federal resources, the second fisherman has not been located, the fire department said.
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The operation has transitioned from a search and rescue mission to a recovery effort, and officials said efforts to locate the man, identified as 34-year-old Kwahiwi Edwards, of Queens, New York, will continue.
Various jingle seashells on Sasco Beach in Fairfield, Connecticut, on a sunny day.
(Daniel Hanscom / Getty Images)
“The Fairfield Police Department and Fairfield Fire Department extend their thoughts and support to the family and loved ones of the missing fisherman as search and recovery efforts continue,” the fire department said on Facebook.
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Officials are also thanking the witness that jumped in and whose quick actions helped save a life.
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