Posted on 12/06/2024 1:13:42 PM PST by Morgana
Daniel Penny is one step closer to freedom after a judge dismissed the top manslaughter charge against him on Friday - but he must return to court next week to face lesser charges.
Penny, a young Marine veteran, was charged with manslaughter for stepping in when Neely, a mentally ill homeless man, threatened subway passengers on an F train on an early summer afternoon in New York City in May 2023.
He placed Neely in a chokehold on the train car floor, holding him there until police arrived. Neely was declared dead in the hospital and Penny was charged.
He was vilified as a racist vigilante and lampooned by liberals. But many others took his side, heralding him a hero of a lawless city who did what no one else was prepared to do.
The jury of 12 New Yorkers were forensic with the evidence, poring over testimony transcripts and watching bodycam footage from the day in question multiple times.
But today, they announced they had failed to come to a unanimous verdict on the key charge of second degree manslaughter.
Rather than declaring a mistrial, the judge agreed to an unorthodox request from the prosecution - the top charge was dropped, and the jury has been told to come back next week to focus on count two: criminally negligent homicide.
(Excerpt) Read more at dailymail.co.uk ...
My prediction is another hung jury.
It only takes one.
Good?
Hmmm.....
What is the difference between manslaughter and criminally negligent homicide?
Did the judge instruct the jury to bear in mind the thoroughly political nature of this trial?
He might still 5 years on each charge on those lesser charges, if found guilty.
He deserves a medal and praise, not prosecution.
“It only takes one” racist.
The DA is ridiculous
Put the DA on trial.
Assisting others while white was his only ‘crime.’
In NY criminally negligent homicide is a felony with max sentence 4 years.
15 years vs 4 years.
Did the judge tell the jury to remember the single purpose of this trial, which is to intimidate good samaritans from rescuing the innocent from violent criminals?
If that's the standard of negligence, then it isn't Penny who brought the proverbial gun into the subway car, it was Neely. Neely is the person who threatened indiscriminate harm to the people in the crowd; Penny stood up to attempt to stop it.
It cannot be a negligent behavior to try to stop a negligent behavior.
-PJ
No. This is a mistrial that New Yawk will not call. They want a conviction at all cost.
Over-charging to be sure to get a verdict.
This is NOT a good thing. It enables the prosecution.
If he is convicted I hope Trump immediately pardons him.
The DOJ next year, if legally possible, go after such biased prosecutions for civil rights violations.
That’s my hope, too.
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