The wait in the Daniel Penny case continues, as jurors were sent home for the weekend after a deadlock on their 4th day.
The good news for Penny is that the judge dismissed the top charge of manslaughter. And now jurors are set to return on Monday to begin deliberations on the lesser charge of criminally negligent homicide.
Penny, the 26-year old Marine veteran & architecture student, is accused of killing a mentally ill homeless man who threatened to kill people on a Manhattan subway.
Penny's defense asked for a mistrial to be declared, but the judge said he would give jurors more time. "You’ve been a very good jury, and there’s no reason to think that any other jury in a future trial will be any more intelligent or fair than you are," he said.