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The jury in Daniel Penny’s trial found that the ex-Marine is not guilty of criminally negligent homicide on Monday.

The 12-person jury returned the verdict on Monday after informing the judge Friday they were deadlocked on the question OF whether Penny “recklessly” caused Jordan Neely’s death by placing him in a chokehold for six minutes back in May 2023. District Attorney Alvin Bragg then took the more serious manslaughter charge off the table, leaving the jury to consider the criminally negligent homicide charge.

Neely was a 30-year-old homeless man with a history of mental illness who was allegedly acting erratically on a New York subway train. A passenger recorded Penny wrestling Neely to the ground and subduing him while other passengers looked on.

Harris Faulkner broke the news on Fox.

“The jury has just reached a unanimous verdict in the case of Daniel Penny. He’s been found not guilty on the charge of criminally negligent homicide. Now, remember what was at stake here. The jury could not agree on manslaughter. They failed to agree twice. The judge gave them another bite of the apple on this lesser charge, negligent. They now say, not guilty.”

Faulkner cut to reporter C.B. Cotton outside the courtroom, where a crowd was loudly protesting the verdict.

“You can hear them rattling the police barricades saying, ‘No justice, no peace,'” said Cotton.

Cotton added that some protesters “hurled a series of

threats” at Perry before court Monday morning, telling him “he can have no peace here in New York City” even if found not guilty.

Watch the clip above via Fox News.