Manslaughter cost in opposition to Daniel Penny dismissed, jury requested to determine lesser cost

A decide granted a movement from Manhattan prosecutors to dismiss the extra critical cost of second-degree manslaughter in opposition to Daniel Penny on Friday in his trial over the chokehold dying of Jordan Neely on a New York City subway final yr.
The ruling clears the way in which for the jury to contemplate a remaining lesser cost of criminally negligent murder. It got here after a Manhattan jury stated they have been deadlocked twice on the manslaughter cost and Penny’s protection attorneys renewed their movement for a mistrial.
Over protection objections, Judge Maxwell Wiley agreed with prosecutors, who argued that dismissing the primary rely of second-degree manslaughter eliminates the protection’s concern a couple of compromise verdict.
Penny, 26, a former Marine, now faces a single cost of criminally negligent murder in Neely’s dying, which carries a most penalty of 4 years in jail, considerably lower than a possible most sentence of 15 years tied to the extra critical cost. The decide may additionally select to condemn Penny to no jail time if he’s convicted.
Penny couldn’t have been convicted of each fees, based on the decide’s directions to the jury.
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