Wiley urged the jury to continue deliberating after they informed him that they were at a standstill on the first count on Friday.
But they did not. Prosecutors then requested that the court dismiss the second-degree manslaughter accusation.
Neely was behaving “psychotic” and threatening to murder others in the train vehicle, according to Penny’s defense.
According to defense lawyer Thomas Kenniff, Neely rushed at a few of the passengers before Penny put him in the chokehold, but Penny intervened to protect everyone on board.
According to Kenniff, there was no way for passengers to know that Neely was not carrying a weapon, and a number of them were afraid for their lives.
The defense team also contended that Neely had a severe sickle cell crisis on the train floor, which prevented oxygen from reaching him.
