Daniel Penny has been found not guilty of criminally negligent homicide in the chokehold death of Jordan Neely on a New York City subway car in 2023.

Penny, 26, pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide.

The judge dismissed the second-degree manslaughter charge against Penny on Friday after jurors said they could not come to a unanimous decision. The jury could only consider the negligent homicide charge if Penny was cleared of manslaughter, which is what the dismissal did.

Word of the verdict comes after jurors deliberated for more than 20 hours.

Penny faced a maximum possible sentence of 15 years in prison on the manslaughter charge, or four years on the negligent homicide charge. There is no minimum sentence.

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