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

A choose granted a movement from Manhattan prosecutors to dismiss the extra severe cost of second-degree manslaughter in opposition to Daniel Penny on Friday in his trial over the chokehold demise of Jordan Neely on a New York City subway final 12 months.
The ruling clears the best way for the jury to think about a remaining lesser cost of criminally negligent murder. It got here after a Manhattan jury mentioned 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 few compromise verdict.
Penny, 26, a former Marine, now faces a single cost of criminally negligent murder in Neely’s demise, which carries a most penalty of 4 years in jail, considerably lower than a possible most sentence of 15 years tied to the extra severe cost. The choose may additionally select to condemn Penny to no jail time if he’s convicted.
Penny couldn’t have been convicted of each prices, in line with the choose’s directions to the jury.
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