Jury ‘unable to come to a unanimous vote’ on Daniel Penny manslaughter charge
Selcuk Acar/Anadolu via Getty Images
(NEW YORK) — In its first note of the day, the jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely, a homeless man, on the New York City subway.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
Since the jury got the case on Tuesday, they have deliberated for more than 18 hours.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.
The city’s medical examiner concluded Penny’s chokehold killed Neely.
Penny pleaded not guilty to manslaughter and negligent homicide charges.
The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.
Judge Maxwell Wiley proposed giving the jury an Allen charge, encouraging them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.
“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.
This is a developing story. Please check back for updates.
Photography by Keith Getter (all rights reserved)/Getty Images
Meteorology may have come a long way since its inception, but it is not possible for anyone — whether it be the government, scientists or billionaires — to control the weather, according to experts.
The desert region of Dubai received a record-breaking amount of rain — two year’s worth in 24 hours — in April. Ever since, every time a flash flooding event occurs, ABC New Chief Meteorologist and Managing Editor of the ABC News Climate Unit Ginger Zee has been receiving messages on social media from people who claim the sharp increase in precipitation is not the result of nature.
“They are making it rain” is the overall theme of the conspiracy theories Zee keeps hearing about.
The commenters are often referring to cloud seeding, a weather modification technique currently used in the United Arab Emirates and several places in the U.S., mostly in the Western U.S., a region notorious for its pervasive droughts. The geoengineering technology involves injecting microscopic particles — sometimes silver iodide — into the atmosphere to encourage rain and snowfall.
The particles then act like magnets for water droplets and bind together until they are heavy enough to fall as rain or snow, amplifying the amount of precipitation. But the water droplets can’t be made out of nothing — it has to be already raining or snowing for cloud seeding to take effect.
For the last several decades, there have been investments in small-scale cloud seeding operations in pockets in the West, both ground-based and in the air, Brad Udall, senior water and climate research scientist at Colorado State University, told ABC News.
Despite feats in geoengineering, humans have no capability whatsoever to control the weather, Andrew Dessler, director of the Texas Center for Climate Studies, told ABC News.
“Until recently, we weren’t even sure it worked,” Udall said. “But there’s some new science that suggests, yes, you can slightly increase the precipitation out of storms due to these, usually ground-based, but sometimes air-based efforts.”
A 10-year cloud seeding experiment in the Snowy Range and Sierra Madre Range in Wyoming resulted in 5% to 15% increases in snow pack from winter storms, according to a 2015 report from the Wyoming Water Development Office. In the region around Reno, Nevada, cloud seeding is estimated to add enough water to supply about 400,000 households annually, according to the DRI.
While humans can enhance existing weather, it is not possible to control it, Dessler said.
“We humans are not powerless,” Udall said. “But, unfortunately, in the weather realm, our ability to affect things is pretty minor.”
Cloud seeding can’t make it rain. It can’t even make a cloud, according to Zee. And it certainly is not being used to create storms with enough precipitation to cause flash flooding.
If humans could control the weather, then the megadrought in the West would probably never had persisted at the level that it did for decades, Udall said.
In late September and early October, Google searches for cloud seeding ramped up again as Hurricanes Helene and Milton caused severe destruction far beyond the storm’s direct impact, including flash flooding in the mountain region near Asheville, North Carolina, previously considered a climate haven.
While there is some evidence that cloud seeding can enhance precipitation, it’s impossible for humans to create or steer a hurricane, Dessler said.
“It’s amazing we’re even having this discussion because, of course, humans can’t control the weather in ways to create a hurricane,” Udall said.
However, there has been a larger-scale climate modification that has been ongoing for the past two centuries, Zee said.
“We’re doing that right now with green with enormous greenhouse gas emissions on a scale that humanity has never, ever done before,” Udall said.
Since the Industrial Revolution began in the late 1800s, the greenhouse gases emitted from the extraction and burning of fossil fuels have been causing global temperatures to rise at unprecedented rates, according to climate scientists.
The amplification of Earth’s natural warming has actually increased hourly rainfall rates — a key factor in flash flooding — across much of the U.S. by 10% to 40%, according to Climate Central.
“We have all contributed to making it rain more and heavier as we warm the planet,” Zee said.
Dessler likened global warming to “steroids” for extreme weather events.
“Steroids don’t hit a home run, but if you give steroids to a baseball player, he’s gonna hit more home runs,” Dessler said. “And that’s essentially, you know, the way to think about humans and the weather.”
The experts urged people to not believe rumors on the possibility that the weather can be controlled, chalking up the conspiracy theories as machinations of intrigue but nothing more.
“It’s yet one more example, right, of unbridled social media doing irreparable social harm,” Udall said.
ABC News’ Daniel Manzo contributed to this report.
Photography by Keith Getter (all rights reserved)/Getty Images
Meteorology may have come a long way since its inception, but it is not possible for anyone — whether it be the government, scientists or billionaires — to control the weather, according to experts.
The desert region of Dubai received a record-breaking amount of rain — two year’s worth in 24 hours — in April. Ever since, every time a flash flooding event occurs, ABC New Chief Meteorologist and Managing Editor of the ABC News Climate Unit Ginger Zee has been receiving messages on social media from people who claim the sharp increase in precipitation is not the result of nature.
“They are making it rain” is the overall theme of the conspiracy theories Zee keeps hearing about.
The commenters are often referring to cloud seeding, a weather modification technique currently used in the United Arab Emirates and several places in the U.S., mostly in the Western U.S., a region notorious for its pervasive droughts. The geoengineering technology involves injecting microscopic particles — sometimes silver iodide — into the atmosphere to encourage rain and snowfall.
The particles then act like magnets for water droplets and bind together until they are heavy enough to fall as rain or snow, amplifying the amount of precipitation. But the water droplets can’t be made out of nothing — it has to be already raining or snowing for cloud seeding to take effect.
For the last several decades, there have been investments in small-scale cloud seeding operations in pockets in the West, both ground-based and in the air, Brad Udall, senior water and climate research scientist at Colorado State University, told ABC News.
Despite feats in geoengineering, humans have no capability whatsoever to control the weather, Andrew Dessler, director of the Texas Center for Climate Studies, told ABC News.
“Until recently, we weren’t even sure it worked,” Udall said. “But there’s some new science that suggests, yes, you can slightly increase the precipitation out of storms due to these, usually ground-based, but sometimes air-based efforts.”
A 10-year cloud seeding experiment in the Snowy Range and Sierra Madre Range in Wyoming resulted in 5% to 15% increases in snow pack from winter storms, according to a 2015 report from the Wyoming Water Development Office. In the region around Reno, Nevada, cloud seeding is estimated to add enough water to supply about 400,000 households annually, according to the DRI.
While humans can enhance existing weather, it is not possible to control it, Dessler said.
“We humans are not powerless,” Udall said. “But, unfortunately, in the weather realm, our ability to affect things is pretty minor.”
Cloud seeding can’t make it rain. It can’t even make a cloud, according to Zee. And it certainly is not being used to create storms with enough precipitation to cause flash flooding.
If humans could control the weather, then the megadrought in the West would probably never had persisted at the level that it did for decades, Udall said.
In late September and early October, Google searches for cloud seeding ramped up again as Hurricanes Helene and Milton caused severe destruction far beyond the storm’s direct impact, including flash flooding in the mountain region near Asheville, North Carolina, previously considered a climate haven.
While there is some evidence that cloud seeding can enhance precipitation, it’s impossible for humans to create or steer a hurricane, Dessler said.
“It’s amazing we’re even having this discussion because, of course, humans can’t control the weather in ways to create a hurricane,” Udall said.
However, there has been a larger-scale climate modification that has been ongoing for the past two centuries, Zee said.
“We’re doing that right now with green with enormous greenhouse gas emissions on a scale that humanity has never, ever done before,” Udall said.
Since the Industrial Revolution began in the late 1800s, the greenhouse gases emitted from the extraction and burning of fossil fuels have been causing global temperatures to rise at unprecedented rates, according to climate scientists.
The amplification of Earth’s natural warming has actually increased hourly rainfall rates — a key factor in flash flooding — across much of the U.S. by 10% to 40%, according to Climate Central.
“We have all contributed to making it rain more and heavier as we warm the planet,” Zee said.
Dessler likened global warming to “steroids” for extreme weather events.
“Steroids don’t hit a home run, but if you give steroids to a baseball player, he’s gonna hit more home runs,” Dessler said. “And that’s essentially, you know, the way to think about humans and the weather.”
The experts urged people to not believe rumors on the possibility that the weather can be controlled, chalking up the conspiracy theories as machinations of intrigue but nothing more.
“It’s yet one more example, right, of unbridled social media doing irreparable social harm,” Udall said.
ABC News’ Daniel Manzo contributed to this report.
(UNITY TOWNSHIP, Pa.) — The body of a missing grandmother who was swallowed by a sinkhole and fell into an abandoned coal mine in Pennsylvania was recovered Friday following a dayslong search, officials said.
Elizabeth Pollard, 64, was found in the mine Friday at approximately 10 a.m., Westmoreland County Coroner Tim Carson confirmed to ABC News. Her body will be transported to their facility for an autopsy to determine the cause and manner of death, he said.
The challenging excavation began Tuesday in Unity Township, about 40 miles southeast of Pittsburgh, after Pollard was reported missing by a family member. She had not been heard from after going out to search for her cat, police said.
The sinkhole is believed to be tied to the mine and formed while Pollard was walking in the area looking for her cat, officials said.
The dangerous search effort shifted to a recovery mission on Wednesday, when authorities surmised it was unlikely Pollard could still be alive based on the conditions underground, including oxygen levels. Search efforts had also not found any sign of life, according to Pennsylvania State Police Trooper Steve Limani, who said at the time it would be a “miracle” to find Pollard alive.
Despite the difficulties posed by the search, including the amount of dirt and unstable conditions of the mine, Limani said they would not stop searching until they found Pollard.
“I know we had a lot of hopes,” Limani said during a press briefing Wednesday evening, calling the development “difficult.”
Authorities said Thursday evening that they believed the excavator had reached the area where Pollard ended up.
Pollard was last seen Monday evening, police said. A couple hours after she was reported missing, her vehicle was located shortly before 3 a.m. Tuesday with her 5-year-old granddaughter safe inside, though Pollard was nowhere to be seen, police said.
While searching for Pollard in the area, troopers found an apparent sinkhole with an opening about the “size of a manhole” 15 to 20 feet away from the vehicle, according to Limani.
Local firefighters, a technical rescue team and the state’s Bureau of Mine Safety worked alongside an excavation team to remove dirt to access the sinkhole.
Search crews were able to make entry into the mine area amid the search, though the integrity of the mine was compromised by the water used to break up the ground, Limani said. Parts of the mine started to buckle and collapse, he said.
Crews stopped accessing the mine on Wednesday due to the danger of collapse, with the search effort shifting to cameras.
Amid the search for Pollard, Limani told reporters Thursday that they have not found her cat, Pepper. Pollard’s family also has not seen the cat, he said.
The area where the sinkhole formed has a “very thin layer of earth” and appears to have been deteriorating “for a long time,” Limani said.
Authorities were mapping other depressions in the area to prevent future accidents.
“People down here should be not afraid to walk around in their yards,” Limani said.
The mine last operated in 1952, according to the state’s Department of Environmental Protection. The depth to the coal seam in this area is approximately 20 feet, a department spokesperson said.
Once the scene is clear, the department will investigate the site “to determine if this issue is the result of historic mine subsidence,” the spokesperson said.
