Travesty

The Daniel Penny jury has announced it cannot reach a unanimous verdict on the most significant charge he is facing.

The jury today told the judge that they cannot reach agree on whether Penny is guilty of second degree manslaughter.

They are yet to reveal where they stand on the second charge – criminally negligent homicide.

Penny faces 15 years if convicted of the most serious count.

The judge ordered them to return to deliberations, ruling they cannot move on to the second charge of criminally negligent homicide until they have acquitted Penny of manslaughter.

On Tuesday night, they asked for a second read through of what is considered justifiable. The judge has asked them to acquit Penny unless they can determine that his actions were unjustifiable.

They are weighing manslaughter and criminally negligent homicide charges against Daniel Penny who used a fatal chokehold to restrain Jordan Neely on the New York City subway.