Daniel Penny’s jury told the judge they could not agree on a manslaughter charge.

NEW YORK – The jury in Daniel Penny’s trial resumed deliberations for a fourth day Friday for just over an hour. before informing the court they could not agree on the maximum charge. manslaughter As they weighed the fate of a 26-year-old ex-Marine veteran and architecture student accused of murdering a mentally ill homeless man and threatening to kill people on a subway in Manhattan.

Around 11:00 a.m., the jury sent a message to the court stating: “The jury asked for instructions from the judge. (Maxwell) Wiley, at this time, we cannot come to a unanimous decision in Court No. 1, which is manslaughter in the second degree.”

The charges require prosecutors to prove that Penny acted negligently when he grabbed Jordan. Neely entered the isthmus. Neely boarded the train while high on drugs. By threatening to kill a passenger during a psychotic episode. According to trial testimony

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Daniel Penny leaves the Manhattan Criminal Courthouse in New York City on Thursday, December 1, 2024. (Adam Gray, Fox News Digital)

“In this case, I don’t think they can proceed with Count 2 unless they find the defendant not guilty on Count 1,” Wiley told lawyers for both sides. Despite protesting from the lawsuit “I must at least try to get the jury to reach a verdict on No. 1.”

The second charge is a lesser offense of criminally negligent homicide. which carries a maximum prison sentence of four years.

He then offered new advice and gave the lawyer time to review it.

Neely is a 30-year-old who suffers from schizophrenia. He told those who hung up their boots that someone was going to “die today” and that he had no interest in being jailed for the rest of his life. Penny grabs him from behind using a neck brace to stop the explosion.

Neely later died. He had a warrant for his arrest at the time. He was found to have K2, a synthetic marijuana drug that acts as a stimulant. And his long criminal record includes an assault on a 67-year-old woman at another subway station in 2021.

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Jordan Neely pictured before going to see Michael Jackson’s “This is It” outside 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)

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

“He was talking nonsense. But these people were pushing people in front of trains and stuff,” he told investigators. There were more than 20 subway shoves in the year before Penny faced Neely.

Three days earlier A coat hanger was stabbed with an ice knife on the J train. Report since time– about a month after a PBS reporter received the story Sting sucker On the number 4 train there had been a push a week earlier. and the victim crashed into the side of a moving R train. and survived–

amidst an atmosphere of fear Eyewitnesses said they were afraid of Neely. who shouted death threats at them

Screenshot from eyewitness video showing Jordan Neely being held captive in a New York City subway station. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

Witness Ivette Rosario, a 19-year-old student, testified that Neely yelled that someone would “died that day”

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Penny faces up to 15 years in prison if convicted of the more serious charges.