A New York City jury will consider a lesser charge for Daniel Penny in the choking death of subway performer Jordan Neely after jurors could not decide whether to convict him of manslaughter.
Judge Maxwell Wiley on Friday accepted the prosecution’s request to dismiss the second-degree manslaughter charge after jurors said they were deadlocked, according to the Associated Press. The jury will return next week to deliberate on the charge of criminally negligent homicide.