excalibur
Diamond Member
- Mar 19, 2015
- 23,524
- 46,385
- 2,290
The jury will return Monday to consider the lesser charge. The lesser charge is negligent homicide.
A judge granted the prosecution’s motion to dismiss the more serious charge of second-degree manslaughter against Daniel Penny on Friday in his trial over the chokehold death of Jordan Neely on a New York City subway last year, clearing the way for the jury to consider the remaining lesser charge of criminally negligent homicide.
The ruling came after a Manhattan jury said they were deadlocked twice on the charge. Penny’s defense attorneys maintained their motion for a mistrial.
Over defense objections, Judge Maxwell Wiley agreed with prosecutors who argued that dismissing the first count of second-degree manslaughter eliminates the defense’s concern about a compromise verdict.
Wiley told the jury that the second-degree manslaughter charge has been dismissed “functionally,” allowing them to now consider the remaining charge of criminally negligent homicide.
...
A judge granted the prosecution’s motion to dismiss the more serious charge of second-degree manslaughter against Daniel Penny on Friday in his trial over the chokehold death of Jordan Neely on a New York City subway last year, clearing the way for the jury to consider the remaining lesser charge of criminally negligent homicide.
The ruling came after a Manhattan jury said they were deadlocked twice on the charge. Penny’s defense attorneys maintained their motion for a mistrial.
Over defense objections, Judge Maxwell Wiley agreed with prosecutors who argued that dismissing the first count of second-degree manslaughter eliminates the defense’s concern about a compromise verdict.
Wiley told the jury that the second-degree manslaughter charge has been dismissed “functionally,” allowing them to now consider the remaining charge of criminally negligent homicide.
...