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.
Image from the NTSB investigation of the Jan. 5 accident involving Alaska Airlines Flight 1282 on a Boeing 737-9 MAX. Captured on Jan. 7. Via NTSB Flickr
(NEW YORK) — One year after a door plug blew off an Alaska Airlines jet, Boeing said it is “on track with progress showing tangible improvements” in its efforts turn the struggling aerospace giant around and produce safe airplanes.
Boeing shared an update on Friday morning about the company’s safety and quality plan, which it had developed shortly after the Alaska Airlines incident in January 2024.
The plan was a key part of the Federal Aviation Administration’s increased oversight, featuring dedicated efforts to address the company’s systemic safety and quality-control issues.
The FAA said that this was “not a one-year project” in its assessment of the progress that Boeing has made to date.
In its update, Boeing highlighted several key improvements it has made including: reducing defects in 737 fuselage assembly at Spirit AeroSystems by increasing inspection points and introducing a customer quality approval process; addressing more than 70% of action items in commercial airplane production based on employee feedback during quality stand-down sessions; and applying “move ready” criteria across final assembly for the 737 and 787, as well as parts of the 767 and the 777, to manage traveled work and mitigate risks.
The plane maker also reported adding hundreds of hours of new curriculum to quality and safety training programs for its employees. It has introduced new random quality audits of documented removals in high frequency areas to ensure process compliance. Additionally, the company said it has mapped and prepared thousands of governance documents and work instructions for revision.
The company added that it has invested in its Speak Up program to strengthen confidentiality and keep employees informed about the status and resolution of their reports. This comes after numerous Boeing whistleblowers have raised concerns in recent years about the company’s safety and workplace culture practices.
On Jan. 5, 2024, a defective door plug on an Alaska Airlines plane opened up mid-flight, depressurizing the cabin and exposing passengers to open air thousands of feet above the ground.
No one was seriously injured and the plane safely made an emergency landing.
Reflecting on Boeing’s progress one year later, FAA Administrator Michael Whitaker said in a blog post that the company is “working to make progress executing its comprehensive plan in the areas of safety, quality improvement, and effective employee engagement and training.”
“We’re actively monitoring the results and keeping a close eye on work at key Boeing facilities,” Whitaker said.
He outlined the company’s progress, saying: “FAA safety experts continually review the effectiveness of the changes; senior FAA leaders meet with Boeing weekly to review their performance metrics, progress, and any challenges they’re facing; we have conducted an unprecedented number of unannounced audits; and we conduct monthly status reviews with Boeing executives to monitor progress.”
“Our enhanced oversight is here to stay,” Whitaker added.
“But this is not a one-year project,” Whitaker continued, emphasizing that Boeing must prioritize safety over profits. He said the effort will “require sustained effort and commitment from Boeing, and unwavering scrutiny on our part.”
He also reiterated the agency’s support toward the National Transportation Safety Board in its investigation of last year’s Alaska Airlines incident.
The scene of a shooting in Midtown NYC on Dec. 4, 2024. WABC
(NEW YORK) — Brian Thompson, the CEO of UnitedHealthcare, was shot and killed by a masked man near a Midtown Manhattan hotel early Wednesday, according to police sources.
The shooting appears to be targeted but police do not know why, sources said.
Thompson was not staying at the Hilton outside of which he was shot, sources said.
Thompson was in New York City for an investors conference and his schedule was widely known, police sources said.
The gunman, who was wearing a ski mask, fled down an alleyway near West 55th Street and remains at large, police said.
The suspect is described as a skinny man wearing all black who stands at about 6-foot-1, police said.
This is a developing story. Please check back for updates.
(WASHINGTON) — A group of FBI agents who assisted in criminal investigations stemming from the Jan. 6 assault on the U.S. Capitol filed suit Tuesday in an effort to block the Justice Department from assembling lists of agents for potential disciplinary actions or firings.
The class-action lawsuit, filed anonymously by the agents Tuesday afternoon in D.C. federal court, includes screenshots showing a survey that was sent this week about their actions related to the Jan. 6 cases.
“Plaintiffs are employees of the FBI who worked on Jan. 6 and/or Mar-a-Lago cases, and who have been informed that they are likely to be terminated in the very near future (the week of February 3-9, 2025) for such activity,” the lawsuit said. “They intend to represent a class of at least 6,000 current and former FBI agents and employees who participated in some manner in the investigation and prosecution of crimes and abuses of power by Donald Trump, or by those acting at his behest.”
The suit specifically seeks to enjoin the DOJ from “aggregation, storage, reporting, publication or dissemination of any list or compilation of information that would identify FBI agents and other personnel, and tie them directly to Jan. 6 and Mar-a-Lago case activities,” referring to the Capitol attack and the probe into President Trump’s retention of classified documents after leaving the White House in 2021.
The Justice Department, under leadership appointed by the Trump administration, has asked for information about potentially thousands of FBI employees across the country who were involved in work related to investigations stemming from the Jan. 6 attack.
According an email sent to the FBI workforce on Friday, and obtained by ABC News, the requested information was to be provided by Tuesday afternoon to the office of the acting Deputy Attorney General, Emil Bove, whose office will then conduct a review to determine if any “personnel actions” are warranted.
