Daniel Penny trial: Jury to continue deliberations on lesser charge of negligent homicide
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(NEW YORK) — The jury in the Daniel Penny trial will begin deliberations over whether he committed criminally negligent homicide when he placed Jordan Neely in a chokehold on a subway car last year, after the jury was deadlocked on the more serious charge of manslaughter last week.
At the request of prosecutors on Friday, Judge Maxwell Wiley dismissed the second-degree manslaughter charge – which carried a maximum 15-year sentence – and directed the jury to turn to the lesser charge of criminally negligent homicide, which has a four-year maximum sentence. Neither crime has a minimum sentence.
“What that means is you are now free to consider count two. Whether that makes any difference or not, I have no idea,” Wiley said before sending the jury home for the weekend.
Prosecutors allege that Penny killed Neely, a 30-year-old homeless man who had previously been a Michael Jackson impersonator, when he placed him in a six-minute-long chokehold on a subway car in May 2023, holding Neely for at least 51 seconds after his body went limp. Assistant district attorney Dafna Yoran argued Penny knew his actions could kill Neely but continued to hold him in a chokehold for “way too long” and “didn’t recognize his humanity.”
The city’s medical examiner concluded Penny’s chokehold killed Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.
Penny has pleaded not guilty to all charges.
Defense attorney Steven Raiser told jurors that Penny “acted to save” subway passengers from a “violent and desperate” Neely, who was acting erratically and “scared the living daylights out of everybody.” Raiser argued that Neely was fighting back, and Penny continued to hold on because he feared he would break free, though he didn’t intend to kill Neely.
Last week, the jury spent more than 23 hours across four days deliberating whether Penny, a 26-year-old former Marine and architecture student, committed second degree manslaughter before repeatedly signaling that they could not reach a unanimous verdict.
Wiley ultimately granted prosecutors’ request to dismiss the first count while Penny’s defense attorneys unsuccessfully pushed for a mistrial, arguing that continued deliberations could lead to a “coercive or a compromised verdict” by “elbowing” jurors to convict on the lesser charge.
Manslaughter would have required proving that Penny acted recklessly and grossly deviated from how a reasonable person would behave, while proving criminally negligent homicide requires the jury to be convinced that Penny engaged in “blameworthy conduct” that he did not consider would lead to the risk of death.
(PENSACOLA, Fla.) — A NASA astronaut who experienced a “medical issue” following the successful Space X Crew-8 mission has been released from the hospital, NASA officials said Saturday.
“After an overnight stay at Ascension Sacred Heart Pensacola in Florida, the NASA astronaut was released and returned to NASA’s Johnson Space Center in Houston Saturday. The crew member is in good health and will resume normal post-flight reconditioning with other crew members,” NASA said in a statement.
NASA has not publicly named the astronaut.
NASA astronauts Matthew Dominick, Michael Barratt and Jeanette Epps and Russian astronaut Alexander Grebenkin were in the SpaceX Dragon capsule when it splashed down on Earth on Friday, NASA said.
After a medical evaluation, three of the crew members departed from the facility and arrived at NASA’s Johnson Space Center in Houston, Texas, NASA said.
One remaining astronaut remained in the hospital and is in stable condition and is under observation as a precautionary measure, NASA said.
Recovery of the crew and spacecraft went without incident, according to NASA.
An additional medical evaluation of the astronauts was requested out of an abundance of caution, NASA said.
(AUSTIN, Texas) — A 28-year-old Texas woman died in 2021 after her abortion care was delayed for over 40 hours as she was having a miscarriage, according to a new story from ProPublica.
Josseli Barnica was told that it would be a “crime” to intervene in her miscarriage because the fetus still had cardiac activity, despite her 17-week pregnancy already resulting in a miscarriage that was “in progress,” according to medical records obtained by ProPublica.
The medical team told Barnica that she had to wait until there was no heartbeat due to Texas’ new abortion ban, Barnica’s husband told ProPublica.
Despite Texas enacting several abortion bans after the U.S. Supreme Court overturned Roe v. Wade in 2022, it was the first state to restrict the procedure by enacting a law that permitted citizens to sue physicians who provide abortion care after six weeks of pregnancy — before most women know they are pregnant — for $10,000.
Anyone who “aided and abetted” an abortion, by actions such as driving a woman to obtain abortion care, could also be sued.
Forty hours after Barnica had arrived at a Texas hospital, physicians could not detect fetal cardiac activity and she was given medication to speed up her labor, according to the report. She was discharged about eight hours later, according to ProPublica.
She continued bleeding but when she called the hospital she was told that was expected, the story said. When the bleeding grew heavier two days later, she rushed back to the hospital, according to ProPublica.
Three days after she passed the pregnancy, Barnica died of an infection, according to ProPublica.
More than a dozen medical experts who reviewed the medical records told ProPublica that her death was preventable.
“These experts said that there was a good chance she might have survived if she’d been treated earlier,” Kavitha Surana, the reporter who wrote the story for ProPublica, told ABC News Live. “No one can say for sure where the sepsis developed. But 40 hours with your cervix wide open in a hospital, that is not the standard of care to require someone to take that risk.”
After Roe was overturned, a stricter ban went into effect, penalizing doctors found guilty of providing abortions with up to 99 years in prison and fines up to $100,000.
(NEW ORLEANS) — Authorities investigating the suspect in the truck attack that killed 14 and injured dozens in New Orleans on New Year’s Day are probing when, where and how his alleged “radicalization” occurred, a local official said on Friday.
Shamsud-Din Jabbar, a 42-year-old Army veteran and U.S.-born citizen from Texas, posted several videos online hours before the Bourbon Street attack “proclaiming his support for ISIS” and mentioning he joined ISIS before this summer, according to the FBI.
On Friday, Jabbar’s half-brother told ABC News the suspect traveled to Egypt in 2023 for around a month, telling his family he was going “because it was cheap and beautiful.”
Jabbar’s foreign travel is a part of the ongoing investigation, law enforcement officials told ABC News.
Investigators are working to determine what he did during his travel in Egypt, why he went and who he interacted with while there, multiple sources said. Critical to the probe is whether he had been radicalized prior to the travel or if the travel marked the start of his radicalization.
“This next most important phase of the investigation is to find out how that radicalization happened and if it happened on that trip,” Orleans Parish District Attorney Jason Williams told ABC News.
Jabbar was shot dead in the midst of Wednesday’s attack in New Orleans, after driving a pickup truck onto a sidewalk and around a parked police car serving as a barricade to plow into pedestrians over a three-block stretch on Bourbon Street, police said.
Jabbar then exited the damaged vehicle armed with an assault rifle and opened fire on police officers, law enforcement said. Officers returned fire, killing him.
Officials said the first 24 hours after the ramming attack were occupied by a feverish effort to determine whether there were additional suspects on the loose or if Jabbar worked with accomplices.
Since Thursday, investigators have been focused on piecing together his path to radicalization and the events that led up to his decision to attack Bourbon Street.
Two U.S. officials told ABC on Friday that, though it’s still very early in the investigation, there is evidence at this time that Jabbar had been in contact with a direct ISIS representative.
The officials noted that, two days after the attack, there has been no claim of responsibility by ISIS.
However, investigators are still working through his three phones and two laptops and examining his travel history.
In another update Friday, authorities revealed Jabbar set a small fire in the hallway of the property in New Orleans he rented on Mandeville Street before the attack using “strategically placed accelerants throughout the house in his effort to destroy it and other evidence of his crime,” according to the joint update from FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
However, after Jabbar left the residence, the fire burned itself out before spreading to other rooms. When the New Orleans Fire Department arrived, the fire was smoldering, and investigators were able to recover evidence, including pre-cursors for bomb making material and a privately made device suspected of being a silencer for a rifle.”
Regarding the explosive devices, the FBI said it believes that during the Bourbon Street attack, Jabbar intended to use a transmitter that was later found in the truck to denote the devices.
The transmitter, along with two firearms connected to Jabbar, was being transported to the FBI Laboratory for additional testing, authorities said.
Before the deadly ramming, surveillance footage showed Jabbar placing two improvised explosive devices in coolers in the Bourbon Street area, investigators said. He had a remote detonator in the truck to set off the two devices, but both were rendered safe, officials said.
Inside one of the coolers, investigators found a device consisting of a steel pipe, nails and a relatively rare explosive chemical, a senior law enforcement official told ABC News on Friday. The remote detonation capability apparently failed to work, the official said.
NBC News was the first to report on the rare chemical.
A search of Jabbar’s home in Houston also turned up bomb-making materials, sources confirmed to ABC News on Thursday. The items found were also referred to as “precursor chemicals” by agents in the field, sources said.
The FBI and Department of Homeland Security issued a joint intelligence bulletin warning the nation’s 18,000 law-enforcement agencies about potential copycats, ABC News learned.
The bulletin was sent out of an abundance of caution to sensitize law enforcement around the country to be on the lookout for any activity pointing to the use of vehicles as a method to inflict mass casualties, sources told ABC News.
“We advise federal, state, local, tribal, and territorial government and law enforcement officials and private sector security partners to remain vigilant of potential copycat or retaliatory attacks inspired by this attack and other recent, lethal vehicle-ramming incidents across the globe,” the bulletin said.
The bulletin notes that ISIS has been promoting the use of vehicles as a terrorism weapon since around 2014.
ISIS has ramped up calls for its supporters to launch low-tech, mass casualty ramming attacks in recent months, sources told ABC News, especially since the most recent Israel-Hamas conflict began in October 2023.
The bulletin stated that Jabbar was inspired by ISIS but that there remains no evidence of any co-conspirators. A senior law-enforcement official told ABC News that there is so far no sign of ISIS claiming responsibility for the New Orleans attack.
“Law enforcement should be aware that in many cases attackers have conducted vehicle-ramming attacks with secondary weapons and may continue the attack with edged weapons, firearms, or IEDs after the vehicle has stopped,” the bulletin said. The tactic could be “attractive” for foreign terrorist organizations and other actors due to its low complexity threshold, the warning said.
An intelligence bulletin from the New York Police Department obtained by ABC News indicated that ISIS supporters did celebrate the attack online. Violent extremists, the bulletin said, “continue to view densely populated walkways, parades, mass gatherings and other outdoor events along streets, especially during holidays, as vulnerable targets of opportunity.”
“This enduring threat underscores the criticality of pre-staged blocker cars and the deployment of other effectively configured countermeasures including heavy block, barriers and bollards,” it added.
Law enforcement cleared and reopened Bourbon Street on Thursday as the investigation continued. New Orleans Mayor LaToya Cantrell said authorities had the “confidence” to reopen the area to the public ahead of the Sugar Bowl on Thursday afternoon, which was initially scheduled for Wednesday but postponed in the wake of the attack.
“I want to reassure the public that the city of New Orleans is not only ready for game day today, but we’re ready to continue to host large-scale events in our city,” she said. “Our hearts and prayers continue to go out to the victims’ families,” Cantrell added.
President Joe Biden and First Lady Jill Biden will head to New Orleans on Monday to meet with the families and community members, the White House said. Biden said Friday that he has spoken with victims’ families.
There is no apparent direct connection between the New Orleans attack and Wednesday’s Tesla Cybertruck explosion outside the Trump International Hotel Las Vegas, which is also being investigated as a possible act of terror, the FBI said Thursday.
