BREAKING: Daniel Penny’s Manslaughter Charge Dismissed

Judge Maxwell Wiley dismissed the top manslaughter charge against Daniel Penny on Friday afternoon, following a contentious exchange in the courtroom. The case, which has garnered significant public attention, now hinges on the jury’s deliberation of the second-degree charge.

Assistant District Attorney Dafna Yoran, joined by Appeals Chief Steven Yu, motioned to dismiss the top charge of manslaughter in the first degree. “Removal of the top count, with prejudice, takes that concern away,” ADA Yu argued, referring to concerns about a “compromise verdict” should the jury remain deadlocked.

Penny’s attorney, Thomas Kenniff, strongly objected to the move, calling it a precedent-setting decision. “This has never been done before. It would encourage prosecutors to overcharge in the grand jury, with the option of withdrawing if hung,” Kenniff stated.

Judge Wiley, however, sided with the prosecution, asserting that the dismissal resolves procedural concerns without compromising the jury’s deliberations on the second count. “I’ll take a chance and grant the People’s application,” Wiley said, announcing his decision. He instructed the jury that the first-degree manslaughter charge had been dismissed but made it clear that this was not an acquittal. The jury is expected to return Monday to deliberate on the remaining charge.

Judge Wiley: I’ll take a chance and grant the People’s application. I’m going to let them go to return and consider Count 2 on Monday. Bring them in.
Jury entering!
Judge: Manslaughter in the 2d degree is dismissed. You are free to consider Count 2- on Monday

— Inner City Press (@innercitypress) December 6, 2024

The dismissal marks a pivotal moment in a case that has polarized public opinion. Daniel Penny, a former Marine, faced charges stemming from a fatal incident on a New York City subway earlier this year. The prosecution argued Penny used excessive force during the altercation, resulting in the death of Jordan Neely, while the defense maintained that Penny acted in self-defense to protect himself and other passengers.

ADA Yoran: Don’t tell them it’s an acquittal (on Count 1), only that it’s dismissed.
Penny’s lawyer Kenniff: 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

— Inner City Press (@innercitypress) December 6, 2024

The jury will prepare to deliberate on the remaining charge next week.

The dismissal of the top charge of manslaughter in the first degree is generally good news for Penny. The first-degree manslaughter charge is more severe, implying greater intent and carrying harsher penalties. Its dismissal means Penny no longer faces the most serious potential punishment. The jury will now only deliberate on the second-degree manslaughter charge, which is less severe. The charge suggests recklessness rather than intent to cause harm, making it easier for Penny’s defense to argue his actions were justified or not reckless.

Penny isn’t fully cleared yet, however. The jury will continue deliberations on the second-degree manslaughter charge, which still carries potential jail time. The judge’s dismissal of the first charge does not equate to an acquittal, so it’s not a “not guilty” verdict.

This is a developing story…