BREAKING: Judge Dismisses Daniel Penny Manslaughter Charge After Jury Deadlock

The Hill
6 Dec 202402:52

Summary

TLDRA New York judge has dismissed the top charge of second-degree manslaughter against Daniel Penny, a former marine accused of killing homeless man Jordan Neely on a subway in 2023. This decision follows a prolonged jury deliberation process, where the jury could not reach a unanimous verdict on the manslaughter charge. The case now proceeds with the lesser charge of criminally negligent homicide, carrying a maximum sentence of up to four years in prison, significantly lower than the 15-year potential sentence for manslaughter. The trial will continue with jury deliberations on the new charge.

Takeaways

  • 😀 A New York judge dismissed the second-degree manslaughter charge against Daniel Penny, the ex-Marine accused of killing homeless man Jordan Neely on a subway in 2023.
  • 😀 The jury had been deliberating for four days and was unable to reach a unanimous verdict on the top charge of second-degree manslaughter.
  • 😀 The judge gave the jury an Allen charge, urging them to continue deliberating and seek flexibility to reach a decision.
  • 😀 Despite the Allen charge, the jury remained at an impasse and indicated that they could not reach a unanimous decision on the manslaughter charge.
  • 😀 The defense argued for a mistrial, but the judge rejected it and instead agreed with the prosecution's proposal to drop the manslaughter charge.
  • 😀 The prosecution now focuses on the lesser charge of criminally negligent homicide, which carries a maximum sentence of up to 4 years in prison.
  • 😀 The dropped manslaughter charge would have carried a maximum of up to 15 years in prison, highlighting the significant difference in potential sentencing.
  • 😀 The decision to drop the manslaughter charge marks a big setback for the prosecution, though the trial is still ongoing with the lesser charge.
  • 😀 The jury will now deliberate only on the lesser charge of criminally negligent homicide, which is expected to result in a lesser penalty for Penny if convicted.
  • 😀 The case continues to unfold, with jury deliberations expected to resume on Monday morning to determine Penny's fate.

Q & A

  • What charge was dismissed against Daniel Penny during his trial?

    -The judge dismissed the second-degree manslaughter charge against Daniel Penny.

  • Why was the manslaughter charge dismissed?

    -The dismissal occurred after the jury reached an impasse during their deliberations and was unable to reach a unanimous verdict on the charge.

  • What is an Allen charge, and why was it issued in this case?

    -An Allen charge is an instruction given to jurors to encourage them to continue deliberating and be flexible in trying to reach a unanimous verdict. It was issued after the jury indicated they were at an impasse.

  • What was the defense's argument regarding the jury's deadlock?

    -The defense argued that a mistrial should be declared because continuing deliberations could coerce the jury into an unfair decision.

  • How did the judge respond to the defense's argument for a mistrial?

    -The judge rejected the defense's argument for a mistrial and instead accepted the prosecution's suggestion to drop the manslaughter charge and proceed with the lesser charge of criminally negligent homicide.

  • What is the maximum sentence for criminally negligent homicide compared to second-degree manslaughter?

    -The charge of criminally negligent homicide carries a maximum sentence of 4 years in prison, while second-degree manslaughter had a maximum sentence of 15 years.

  • What will the jury now be considering in the case against Daniel Penny?

    -The jury will now be considering only the charge of criminally negligent homicide.

  • How does the reduction of the charge affect the potential outcome of the trial?

    -The reduction in charge from second-degree manslaughter to criminally negligent homicide lowers the potential punishment, which may influence the jury's deliberations and the final verdict.

  • What impact did the jury's deliberations have on the trial?

    -The jury's deliberations led to a deadlock on the top charge, resulting in the dismissal of the second-degree manslaughter charge and a shift to a lesser charge of criminally negligent homicide.

  • What is the next step in the trial of Daniel Penny?

    -The next step in the trial is that the jury will continue deliberations on the charge of criminally negligent homicide, with the final verdict depending on their decision.

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Daniel Pennycourt trialNew Yorkjury deliberationsmanslaughternegligent homicidelegal newscourt rulingtrial updatecriminal law
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