The trial of Daniel Penny could come to an end today. Jurors started deliberations to determine his guilt or innocence a couple hours ago as I write this. There are two separate charges they are being asked to consider, manslaughter and criminally negligent homicide. Already they have had questions for the judge about the law.

Penny, 26, is facing charges of second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, a 30-year-old street artist and Michael Jackson impersonator...

If convicted, Penny faces up to 15 years in prison on the manslaughter charge or up to four years on the criminally negligent homicide charge, or the judge could choose not to sentence Penny to prison time.

The 12-person jury began deliberations just after 1 p.m. Tuesday. Less than 90 minutes later, the group sent a note to the court asking to rehear part of the jury instructions on how to consider the charges against Penny.

If the jury finds Penny guilty of manslaughter they don't have to consider the other charge. However, if they find him innocent of manslaughter they will then have to consider the lesser charge of criminally negligent homicide. Based on the questions it sounds like they are unclear about which charge is appropriate.

Closing arguments in the case took place Monday.

“Daniel Penny was the one who moved to protect them. Why? Because he had something the others didn’t, something unique to him. His training,” attorney Steven Raiser said. “Because Danny acted to save those people. And there’s no dispute that when Danny acted, he didn’t know whether Jordan Neely was armed.”

The defense has also challenged the medical determination Neely died from the chokehold and suggested the charges were brought because of “a rush to judgment based on something other than medical science.”...

Prosecutors are “scapegoating this man here, the only guy who was brave enough to stand up when he was needed. The government wasn’t there, the police weren’t there when the people needed help, Danny was. And when he was the one who needed help, no one was there,” Raiser said during his closing argument, which lasted about two hours.

In closings for the prosecution, Dafna Yoran said it was admirable Penny intended to protect fellow passengers but said “he just didn’t recognize that Jordan Neely’s life too needed to be preserved.”

Jordan Neely was a danger to the people on that train. I believe Penny stepped up because he was the only person there who wasn't overcome by fear of the ranting lunatic in their midst. He had no intention of killing or Neely or doing any permanent harm and I don't think he was acting "recklessly" which is the standard for manslaughter. He was doing his best to restrain Neely without harming him. I don't think the jury is going to go for manslaughter under the circumstances. 

Criminally negligent homicide is a tougher call because as much as Penny did do the right thing, you can argue he miscalculated and used too much force which resulted in Neely's death. That's what the prosecutors claimed but there could be some reasonable doubt planted by the outside expert who suggested other factors contributed to Neely's death. To be convicted on this charge, the jury doesn't have to believe Penny was reckless, just that he failed to perceive the risk of his actions. This seems like a close call. I think the jury could go either way on this charge.

Again, we could have an answer as soon as today. If a verdict is reached I'll add it below as it happens.