Jurors in Daniel Penny’s manslaughter trial signaled they are deadlocked on whether he is guilty of killing Jordan Neely, a troubled Michael Jackson impersonator, on a New York subway in 2023.

Penny, a former Marine, placed Neely in a chokehold after Neely threatened passengers.

The jury of seven women and five men has deliberated for over two days. Their ninth note to Judge Maxwell Wiley confirms an impasse on the manslaughter charge and questions whether unanimity is required before considering a second charge of criminally negligent homicide. Wiley instructed them to continue seeking a unanimous decision.

Testimony included conflicting views on Neely’s death. Dr. Cynthia Harris argued Neely’s drug use, including fentanyl and synthetic marijuana, was a major factor, while prosecutors claimed Penny’s chokehold was the primary cause.

The case highlights tensions around mental health and public safety. Neely’s death has drawn attention to systemic failures, while Penny’s supporters argue he acted to protect others. A hung jury could spark unrest, echoing the protests of 2020. Penny has pleaded not guilty to all charges.