Daniel Penny update: The jury continues its deliberations in the subway chokehold trial

NEW YORK (WABC) – A Manhattan jury began its third day deliberating the fate of Daniel Penny, a Marine veteran charged in the chokehold death of Jordan Neely.

In their first note of the day, the jury asked to rewatch two bystander videos that captured the moments when Penny put Neely in a chokehold on the New York City subway car last year.

The jury requested one of the two bystander videos on Wednesday. Judge Maxwell Wiley allows the jury access to a laptop containing the videos so they can watch the requested videos as many times as they want.

In its second note of the day, the jury called for definitions of criminal negligence and recklessness.

“We, the jury, ask Judge Wiley to read the definition of recklessness and negligence. Please read them more than once,” the note reads. “Could the jury have the definitions in writing?”

The jury is considering two charges: second-degree manslaughter and involuntary manslaughter. To convict Penny of manslaughter, the jury must be satisfied that Penny acted recklessly and grossly deviated from the conduct of a reasonable person who understands the risk his conduct entails.

The jury deliberated for more than 12 hours over three days.

Jurors began their morning by reading more testimony from cross-examination by the city coroner, who concluded that Penny’s chokehold killed Neely.

During intense cross-examination, Dr. Cynthia Harris rejected the defense’s assertion that public sentiment surrounding the trial influenced their conclusion that there were “no alternative reasonable explanations” for Neely’s death other than Penny’s chokehold.

“No toxicology result imaginable could have changed my mind,” she testified.

In another development, Neely’s father filed a civil lawsuit against Penny on Wednesday for negligent assault, battery and battery resulting in Neely’s death.

“The above incident, injuries and death were caused by the negligence of defendant Daniel Penny,” the lawsuit states.

Neely’s father, Andre Zachery, asked for damages “in such amount as a jury may consider reasonable, fair and just.”

Zachery is present in the courtroom Thursday morning, sitting alone in the courtroom gallery, a few rows behind the jury box.

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