Jury deliberations resumed Thursday morning in the trial of Daniel Penny, the U.S. Marine veteran charged in the chokehold death of a man on a New York City subway last year, and former New York Police Department Commissioner Bernie Kerik told Newsmax that it may bode well for Penny that the jury is still out in his case.
"I think the longer it goes, the more it may be on his side," Kerik said on Newsmax's "Wake Up America" about the deliberations, now in their third day. "I think they're trying to determine whether the death was intentional or not, whether [Penny] was ultimately responsible."
Prosecutors say Penny had held Jordan Neely, 30, for too long in a chokehold, resulting in his death. Neely was reportedly schizophrenic and on drugs and was threatening subway passengers when Penny grabbed him.
"We had the facts that came out in court was that [Neely] was actually still alive when the police officers got there," said Kerik. "The bottom line is that there's something far bigger than this — and that is the people have the right to defend themselves and protect others in public venues, in areas like a subway or on the streets of New York City."
But in this case, when Penny, 26, took action, he was charged through District Attorney Alvin Bragg's office, the same office that prosecuted President-elect Donald Trump, Kerik pointed out.
"You know they've let murderers, people that have been responsible for murder, go on these minimal plea deals … like a joke," said Kerik. "So this was a guy that was trying to protect himself and the people on that train. Unfortunately, there was a death, but hopefully, the jury comes back with the right verdict," he added.
Meanwhile, Neely's father, Andre Zachary, filed suit in the New York Supreme Court Wednesday against Penny over his son's death, accusing him of negligent contact and assault and battery that caused injuries.
He is demanding judgment "awarding damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction," reported the New York Post.
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