The jury in the Daniel Penny trial has informed the judge that they are “unable to come to a unanimous decision” on Count 1, which charges Penny with second-degree manslaughter. The judge is expected to provide further instructions or declare a mistrial if the deadlock cannot be resolved.

On May 1, 2023, Jordan Neely, a 30-year-old homeless man, died after a 24-year-old Marine veteran named Daniel Penny put him in a chokehold. Neely boarded a New York City Subway train at the Second Avenue station just before it departed and reportedly began screaming that he was not afraid of going to prison and was ready to die, and threatening people.