A judge granted a motion from Manhattan prosecutors 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.
The ruling clears the way for the jury to consider a remaining lesser charge of criminally negligent homicide. It came after a Manhattan jury said they were deadlocked twice on the manslaughter charge and Penny’s defense attorneys renewed 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.
Penny, 26, a former Marine, now faces a single charge of criminally negligent homicide in Neely’s death, which carries a maximum penalty of four years in prison, significantly less than a potential maximum sentence of 15 years tied to the more serious charge. The judge could also choose t...
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