Penny’s trial revolves around an altercation on the New York City subway in May of 2023 that was recorded and later went viral, leading to Penny being charged with the manslaughter of Jordan Neely, a 30-year-old Black homeless man and former street performer, after a six-minute-long chokehold.

The jury in the manslaughter trial of marine veteran Daniel Penny, accused in last year's chokehold death of a homeless man on a New York City subway, began deliberations Tuesday and ended the day without a verdict.

The jury is weighing manslaughter and criminally negligent homicide charges in the death of Jordan Neely, a street performer who was homeless.