Daniel Penny manslaughter charge dismissed, but case not over just yet

Daniel Penny’s legal battle is moving in the right direction, but it’s not over yet. The manslaughter charge against Daniel Penny was dismissed and the court will determine if they’re charging him with a lesser crime.

As reported on yahoo News: “A judge in Daniel Penny’s case on Friday dismissed a charge of second-degree manslaughter in the death of Jordan Neely, leaving the jury to consider a lesser charge of criminally negligent homicide. Prosecutors asked the judge to dismiss the first more serious count after jurors remained deadlocked Friday afternoon.”

Penny was in an altercation with Jordan Neely, who was allegedly acting erratic on the subway. Penny held him down in hopes of protecting others, however Neely accidentally passed away from the chokehold that was meant to subdue Neely, not kill him. If you’ve seen the video, it might remind you of a move you see during a UFC match where the fighters try tapping each other out. Neely was screaming and threatening passengers, so Penny intervened and made sure Neely didn’t hurt anyone.

Yahoo’s report further said: “A jury began deliberations this week after hearing more than a month’s worth of witness testimonies and evidence presented by lawyers. They sent a note to the judge Friday morning saying they could not reach a unanimous verdict on the charge of manslaughter, defense attorney Steve Raiser told USA TODAY. The judge responded with instructions to keep deliberating, Raiser said. Court was adjourned late Friday afternoon and the jury will continue deliberating Monday, Raiser said.”

Collin Rugg reported: “BREAKING: The manslaughter charge against Daniel Penny has been dismissed. The jury is done for the day and will return on Monday. “I’ll take a chance and grant the people’s application,” Judge Wiley said following the prosecution’s request to dismiss the manslaughter charge. “Normally the distinction between the two counts is very clear. The justification adds another element to it which is at play here.” Penny’s lawyer opposed the motion by the prosecution. “This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion.”

Watch a news video about Daniel Penny’s manslaughter charges:

Photo screenshot from CourtTV