Pennys lawyers argued the impasse called for a mistrial.

Neely boarded an uptown F train in Manhattan and reportedly started yelling and acting erratically.

Some on the subway car claimed Neely threatened to hurt others on the train.

NEW YORK, NEW YORK - DECEMBER 9: Daniel Penny arrives at the Manhattan Criminal Courthouse on December 9, 2024 in New York City. Closing arguments have ended and the jury is deliberating in the trial of Penny, 26, a former Marine, who is charged in the death of Jordan Neely by choking him during an altercation involving panhandling on a New York City subway car. (Photo by Alex Kent/Getty Images)

Daniel Penny arrives at the Manhattan Criminal Courthouse on Dec. 9, 2024 in New York City.Alex Kent/Getty Images

Others said they didnt hear Neely make any threats.

Prosecutorsfinally brought charges against Pennyon May 12, 11 days after Neelys death.

Neelypleaded not guiltyto charges of second-degree manslaughter and criminally negligent homicide.

For their case, prosecutors did not have a go at argue that Penny intentionally killed Neely.

And here, the defendant went way too far.