The jury in the Penny trial continued deliberations Monday over whether he committed criminally negligent homicide when he placed Neely in a chokehold on a subway car last year, after the jury was deadlocked on the more serious charge of manslaughter last week.

Penny has been acquitted in the death of the May 2023 death of homeless man Jordan Neely on the New York City subway. The verdict comes after the 12-person jury, which had been deliberating for nearly 20 hours over four days, told Judge Maxwell Wiley on Friday that it was deadlocked on Penny's manslaughter charge.