Daniel Penny verdict thrown into chaos by deadlocked jury: live trial updates

The jury cannot reach a verdict on the main charge: second-degree murder.

Now prosecutors have asked if they can dismiss the charge and let the jury focus solely on the lesser charge of negligent homicide.

Penny’s lawyers ask for a mistrial.

They say the prosecutor’s request is a desperate last-ditch effort to preserve possible charges.

Among Penny’s supporters was New York Mayor Eric Adams.

In a shock intervention this weekend before the trial took place, Adams spoke out to criticize the media for the way they presented Neely.

He also praised Penny for his actions and denounced the systems in New York City that allowed Neely, who was mentally ill and violent, to walk free.

A star lacrosse player in high school, Penny grew up in West Islip on southern Long Island with his three sisters and parents.

Those who knew him have described a good boy who was always willing to help those around him.

Penny’s military service, which included two deployments, earned him several ribbons and awards, and he reached the rank of sergeant before leaving active duty in 2021.

Assistant District Attorney Dafna Yoran on Tuesday showed a graphic photo of the inside of Neely’s eye taken during an autopsy after his death, shocking the room.

The image was shown on four screens: two facing the jury, a third facing the viewing gallery and a fourth directly in front of the defendant.

Meanwhile, Penny’s attorney intervened in the prosecution after journalists were peppered with emails from the district attorney’s office directing them to include certain details in their stories.

In his closing arguments, defense attorney Steven Raiser pointed out that no expert witness at trial could prove key elements beyond a reasonable doubt.

Neely’s death on the subway last spring sparked racial tensions in the Big Apple, as groups like Black Lives Matter tried to portray Penny as an overzealous, white ex-Marine who targeted an innocent black man.

However, the national attention on the trial has left many conservatives wondering why Penny was charged in the first place.

Penny was charged with manslaughter and negligent homicide. He faces a prison sentence of up to 15 years.