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Penny, 26, is facing charges of second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, a 30-year-old street artist and Michael Jackson impersonator.

why is macrotech developers limited (543287) falling ✌️【Market Analysis】✌️ Real-time global stock, futures, and forex data to help you master market dynamics. Neelyhad entered a New York City subway carin May 2023, yelling at passengers that he was hungry and thirsty and didn’t care whether he died, according to witnesses. Penny grabbed Neely from behind in a chokehold, forced him to the train floor and restrained him there for several minutes.

Prosecutors have said Penny acted recklessly, while his defense has said he was acting to protect others from a threat.

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If convicted, Penny faces up to 15 years in prison on the manslaughter charge or up to four years on the criminally negligent homicide charge, or the judge could choose not to sentence Penny to prison time.

Jurors were dismissed again Thursday without reaching a verdict. Over about 15 hours of deliberations, the jury has sent several notes asking the court for evidence, witness testimony and clarity on legal definitions and instructions. They’ll return for a fourth day of deliberations Friday.

In closing arguments Monday, the defense argued Penny “was justified in the actions he took to protect the other riders.”

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Prosecutor Dafna Yoran, in her closing arguments that lasted more than three hours over two days, said it was admirable Penny intended to protect fellow passengers but “he just didn’t recognize that Jordan Neely’s life too needed to be preserved.”

“We are here today because the defendant used way too much force for way too long in way too reckless of a manner,” she said.

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Finally, she acknowledged to the jury that this was a difficult case but said Penny must still be held accountable.

“This is a hard case. It’s hard to find someone guilty of a killing that they didn’t intend on,” she said.

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Further, Gonzalez could be heard in video footage of the incident saying that Penny wasn’t “squeezing” Neely’s neck in the 51 seconds before he released the chokehold. Gonzalez also testified he initially lied to investigators about what he saw and did on the subway out of fear he would be “pinned” for the killing. Prosecutors promised not to charge him in the case, he testified.

In addition, the Marine Corps martial arts expert who trained Penny in chokeholds testified that Penny was aware the holds could be lethal.

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“Restraining him for the moment was a relief, but if he would have gotten up, he would have done what he would have done,” subway rider Caedryn Schrunk said.

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Penny served four years in the Marines as a sergeant, from 2017 to 2021, with his last duty assignment at Camp Lejeune in North Carolina, according to military records.

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“I wasn’t trying to injure him,” Penny said in the video. “I’m just trying to keep him from hurting anybody else. He was threatening.”

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