By Free Republic | Created at 2024-12-06 21:31:25 | Updated at 2024-12-23 02:25:44
2 weeks ago
Daniel Penny manslaughter charge dismissed after jury fails to reach verdict: Live trial updates
Daily Mail UK ^ | December 6, 2024 | Germania Rodriguez Poleo
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 ...
TOPICS: Crime/Corruption; Government
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1 posted on 12/06/2024 1:13:42 PM PST by Morgana
To: Morgana
My prediction is another hung jury.
It only takes one.
2 posted on 12/06/2024 1:14:45 PM PST by E. Pluribus Unum (The worst thing about censorship is █████ ██ ████ ████ ████ █ ███████ ████. FJB.)
To: Morgana
3 posted on 12/06/2024 1:14:50 PM PST by SaveFerris (Luke 17:28 ... as it was in the Days of Lot; They id Eat, They Drank, They Bought, They Sold ......)
To: Morgana
4 posted on 12/06/2024 1:15:35 PM PST by Sacajaweau
To: Morgana
What is the difference between manslaughter and criminally negligent homicide?
5 posted on 12/06/2024 1:18:00 PM PST by Yogafist
To: Morgana
Did the judge instruct the jury to bear in mind the thoroughly political nature of this trial?
6 posted on 12/06/2024 1:20:00 PM PST by reasonisfaith (What are the personal implications if the Resurrection of Christ is a true event in history?)
To: SaveFerris
He might still 5 years on each charge on those lesser charges, if found guilty.
7 posted on 12/06/2024 1:20:37 PM PST by Jonty30 (Genghis Khan did not have the most descendants. His father had more. )
To: Morgana
He deserves a medal and praise, not prosecution.
8 posted on 12/06/2024 1:20:41 PM PST by Ronald77
To: E. Pluribus Unum
“It only takes one” racist.
9 posted on 12/06/2024 1:22:26 PM PST by alstewartfan (Child slavery, rape and drug OD's mean nothing to Roberts and Barrett. )
To: Morgana
10 posted on 12/06/2024 1:22:47 PM PST by Nifster ( I see puppy dogs in the clouds )
To: All
Put the DA on trial.
Assisting others while white was his only ‘crime.’
11 posted on 12/06/2024 1:25:44 PM PST by TigerClaws
To: Yogafist
In NY criminally negligent homicide is a felony with max sentence 4 years.
To: Yogafist
13 posted on 12/06/2024 1:27:25 PM PST by Valpal1 (Not even the police are safe from the police!!!)
To: Morgana
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?
14 posted on 12/06/2024 1:27:28 PM PST by reasonisfaith (What are the personal implications if the Resurrection of Christ is a true event in history?)
To: Morgana
Andy McCarthy defined "negligence" in a federal sense as, for example, someone who fires a gun in a crowd. They aren't trying to kill someone, but they are showing no regard for the safety of the people in the crowd.
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
15 posted on 12/06/2024 1:27:32 PM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
To: SaveFerris
No. This is a mistrial that New Yawk will not call. They want a conviction at all cost.
To: Morgana
Over-charging to be sure to get a verdict.
17 posted on 12/06/2024 1:28:32 PM PST by Twotone ( What's the difference between a politician & a flying pig? The letter "F.")
To: Morgana
This is NOT a good thing. It enables the prosecution.
If he is convicted I hope Trump immediately pardons him.
18 posted on 12/06/2024 1:29:55 PM PST by RummyChick
To: Morgana
The DOJ next year, if legally possible, go after such biased prosecutions for civil rights violations.
19 posted on 12/06/2024 1:31:19 PM PST by PghBaldy (12/14/12 - 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts photo-op locations.)
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