A judge dismissed a manslaughter charge against Daniel Penny, who fatally choked Jordan Neely, leaving jurors to consider a criminally negligent homicide charge.

Jurors have started deliberating in the trial of Daniel Penny, a military veteran charged with using a fatal chokehold to subdue Jordan Neely, whose behavior was alarming passengers on a New York subway City train.

The jury in the trial of Daniel Penny told a judge Friday morning that it could not come to a unanimous decision on the top charge of manslaughter.