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.

Supreme Court Justice Maxwell Wiley approved the Manhattan District Attorney's Office request to drop the second-degree manslaughter charge because the panel of seven women and five men could not come to a unanimous decision after four days in the jury room.