Jury in Daniel Penny trial asks for instructions to be reread, will continue deliberations Wednesday

"We the jury, request a reading of jury instructions, part 2, explanation of the law that applies to the part which is justification and defines causation," the note read, per Inner City Press.

The jury of seven women and five men was specifically interested in the portion about the justified use of force, ABC News reported. To convict, the jury must weigh whether Penny’s actions aboard the uptown F train were justifiable or not.

The jury was dismissed Tuesday evening, requesting to come back Wednesday to continue deliberations, per CNN. While jurors had not been seated on Wednesdays during the trial, which began in November, the judge had asked them to consider coming in if they were still deliberating the case.

In May 2023, Neely boarded the train and witnesses said that he began making violent threats toward passengers. Penny and his defense team have argued that Penny was trying to protect fellow train passengers when he placed Neely in a chokehold to restrain him, with other passengers assisting.