Jury deliberations resumed Thursday morning in the trial of Daniel Penny, the U.S. Marine veteran charged in the chokehold death of a man on a New York City subway last year, and former New York Police Department Commissioner Bernie Kerik told Newsmax that it may bode well for Penny that the jury is still out in his case.

“I think the longer it goes, the more it may be on his side,” Kerik said on Newsmax’s “Wake Up America” about the deliberations, now in their third day. “I think they’re trying to determine whether the death was intentional or not, whether [Penny] was ultimately responsible.”

Prosecutors say Penny had held Jordan Neely, 30, for too long in a chokehold, resulting in his death. Neely was reportedly schizophrenic and on drugs and was threatening subway passengers when Penny grabbed him.

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