Judge Dismisses Manslaughter Charge Against Daniel Penny After Jury Deadlock – One America News Network
OAN Staff Sophia Flores
Friday, December 6, 2024
1:17 PM – Following the inability of the 12-person jury to reach a unanimous verdict in Daniel Penny’s case, the presiding judge decided to dismiss the manslaughter charge.
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After the jury reported their deadlock on Friday, Judge Maxwell Wiley indicated that a new trial with a different jury might need to be scheduled.
Soon after Judge Wiley’s comments, prosecutors requested the dismissal of the manslaughter charge against Penny, allowing the jury to proceed in deliberating on the lesser charge of negligent homicide against the former Marine.
The judge granted the request from the prosecution, leading to the manslaughter charge being dismissed.
“I’ll take a chance and grant the people’s application,” Judge Wiley stated.
“The distinction between the two counts is typically very clear,” he added. “The justification adds another element to consider here.”
Penny’s defense attorneys opposed the motion and are requesting a mistrial.
“This has never happened before. It could lead prosecutors to over-charge in the grand jury, with the ability to withdraw if they are hung, under coercion,” argued Penny’s legal team.
The jury has been informed that they will deliberate on a lesser charge starting Monday.
If convicted of negligent homicide, Penny could face up to four years in prison.
8:42 AM – A 12-person jury has not been able to reach a unanimous verdict regarding Daniel Penny’s manslaughter charge.
On Friday, the jury communicated that they were struggling to reach a unanimous decision on whether to convict Penny of “recklessly” causing the death of Jordan Neely after placing him in a six-minute chokehold on a subway in May 2023.
Penny’s lawyers contend that the 26-year-old Marine Veteran acted to protect his fellow subway passengers from Neely, who allegedly shouted “someone’s going to die today!” upon boarding the uptown F train.
They also argue that there is insufficient evidence to prove beyond a reasonable doubt that the chokehold led to Neely’s death.
Conversely, Manhattan prosecutors claim that Neely did not specifically threaten anyone and only had a muffin in his possession.
The hung jury began its deliberations on Tuesday afternoon.
If they fail to reach a verdict, Manhattan Supreme Court Justice Maxwell Wiley must deliver an “Allen” charge, encouraging jurors to reassess their positions in hopes of reaching a consensus.
Penny faces a maximum of 15 years in prison if convicted of the manslaughter charge. If found guilty of the lesser charge, he could face up to four years in prison.
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