In New York City a jury deliberating whether a former U.S. Marine and architectural student, 25-year-old Daniel Penny, committed manslaughter when he placed a homeless man and street entertainer in a restraint hold after 30-year-old Jordan Neely entered a subway train proclaiming he was ready to die, go to jail, or kill, alarming passengers on the train. Neely died in what has been described as a chokehold applied by Penny. On Friday a NYC jury was unable to reach a verdict on manslaughter and now prosecutors are asking the judge to send the jury back to deliberate on a lesser charge of criminally negligent homicide. Penny's lawyers have objected. 

Guest: Joshua Naftalis. Partner at Pallas LLP, New York City. Former United States federal prosecutor. 

Learn more about your ad choices. Visit megaphone.fm/adchoices