Not necessarily.
I think there's validity in the State saying "We took it to a jury and did our job, but there's no conviction likely on these facts. So no re trial."
Daniel Penny manslaughter charge dismissed as jury breaks for weekend
- Thread starter Vinson
- Start date
I think there's validity in the State saying "We took it to a jury and did our job, but there's no conviction likely on these facts. So no re trial."
Crazy guy ranting and throwing trash is scary - but there's no legally reasonable fear that crazy guy is going to use deadly force in an assault of other passengers.
I think people can tell.
Especially if the guy getting choked is passed out.
Fair enough jury has spoken. In emotional situations, like this, the monday morning quarterbacking is awful, usually suggesting, how calm measured behaviours should have been implemented when in fact people are fearing for their lives.
Glad it over. Time to move on.
Glad it over. Time to move on.
Oops you're right mitch. I now see the judge dismissed only the most serious charges.
Carry on.
This is a key point. Under New York law, Penny can be found Guilty of Second-Degree Manslaughter or Guilty of Criminally Negligent Homicide. Penny cannot be Guilty of both.
The Jury cannot deliberate the charge of Criminally Negligent Homicide if they cannot reach a verdict of Guilty or Not Guilty on the Charge of Second-Degree Manslaughter.
By dismissing the charge of Second-Degree Manslaughter at the request of Yoran, it can be argued that the Judge is "suggesting" to the Jury that they "might" be able to find Penny Guilty of Criminally Negligent Homicide, which is not what the Judge is supposed to do.
Cant blame the cops to not want to put their mouths on a guy if he is dirty and filthy.
As cruel as that might seem.
But they should develop a "mouth to mouth" device so such things can be handled better.
EDIT:
They already seem to have it!
Why aren't the police equipped with such things in their cars by default?
Alvin Bragg trying to 'strong-arm' Daniel Penny jury into deciding on negligent homicide
Manhattan District Attorney Alvin Bragg is trying to "strong-arm" the jury in the Daniel Penny case into deciding on a verdict by dismissing manslaughter charges when they appeared deadlocked, former U.S. assistant attorney Andy McCarthy says.
"Bragg added a baseless recklessness charge to the indictment so the jury would have two counts, increasing the odds of conviction by giving the jury something to compromise on," McCarthy wrote in National Review.
The manslaughter charge required prosecutors to prove that Penny acted with recklessness when he put mentally ill homeless man Jordan Neely in a chokehold on May 1, 2023. Neely had barged onto a subway car while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.
The judge initially ruled that the jury could not deliberate on the second charge unless they found Penny not guilty of manslaughter by some reason other than that the chokehold was justified. However, after jurors said they were deadlocked a second time, Assistant Manhattan District Attorney Dafna Yoran asked to have the top charge dismissed to allow the jury to debate the lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.
"Today, the jurors have been Allen-charged to try to strong-arm them into deciding the count despite indicating, after three days, that they were deadlocked," McCarthy wrote.
McCarthy said that he believes Bragg's strategy in the case against Penny was to push forward with two charges, manslaughter and criminally negligent homicide, in order to maximize his chances in the court system.
"Unfortunately the strategy is working the way it's designed to work," McCarthy said on Fox News Channel on Friday.
In National Review, he said the prosecution should never have happened.
"This was not remotely a recklessness case, where it could be said that Penny wantonly disregarded an obvious risk of death," he wrote. "There is evidence that Penny moved Neely into a position that would make breathing easier, waited for the police to come and fully cooperated with them, and did not even know Neely was dead when he voluntarily spoke to police and explained what happened — that he wasn’t trying to hurt Neely, just subdue him until the police arrived."
www.foxnews.com
Manhattan District Attorney Alvin Bragg is trying to "strong-arm" the jury in the Daniel Penny case into deciding on a verdict by dismissing manslaughter charges when they appeared deadlocked, former U.S. assistant attorney Andy McCarthy says.
"Bragg added a baseless recklessness charge to the indictment so the jury would have two counts, increasing the odds of conviction by giving the jury something to compromise on," McCarthy wrote in National Review.
The manslaughter charge required prosecutors to prove that Penny acted with recklessness when he put mentally ill homeless man Jordan Neely in a chokehold on May 1, 2023. Neely had barged onto a subway car while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.
The judge initially ruled that the jury could not deliberate on the second charge unless they found Penny not guilty of manslaughter by some reason other than that the chokehold was justified. However, after jurors said they were deadlocked a second time, Assistant Manhattan District Attorney Dafna Yoran asked to have the top charge dismissed to allow the jury to debate the lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.
"Today, the jurors have been Allen-charged to try to strong-arm them into deciding the count despite indicating, after three days, that they were deadlocked," McCarthy wrote.
McCarthy said that he believes Bragg's strategy in the case against Penny was to push forward with two charges, manslaughter and criminally negligent homicide, in order to maximize his chances in the court system.
"Unfortunately the strategy is working the way it's designed to work," McCarthy said on Fox News Channel on Friday.
In National Review, he said the prosecution should never have happened.
"This was not remotely a recklessness case, where it could be said that Penny wantonly disregarded an obvious risk of death," he wrote. "There is evidence that Penny moved Neely into a position that would make breathing easier, waited for the police to come and fully cooperated with them, and did not even know Neely was dead when he voluntarily spoke to police and explained what happened — that he wasn’t trying to hurt Neely, just subdue him until the police arrived."
Alvin Bragg trying to 'strong-arm' Daniel Penny jury into deciding on negligent homicide: Andy McCarthy
Manhattan DA Alvin Bragg is trying to "strong-arm" the jury into convicting Daniel Penny on a lesser charge in the subway chokehold case, Andy McCarthy argues.
www.foxnews.com
Trump will pardon types like Penny, Rittenhouse and the January 6 insurrectionists.
Civilian individuals and posses will be emboldened into action in the MAGA crusades during Trump’s tenure and become judge, jury and jury with exoneration almost guaranteed.
Civilian individuals and posses will be emboldened into action in the MAGA crusades during Trump’s tenure and become judge, jury and jury with exoneration almost guaranteed.
Yup.
Street people bug you by holding out a used coffee cup for donations, you should definitely be able to get out of your car and strangle them to death. 100%!
He can't pardon Penny, as it's a state crime, not a federal one.
You know that the prosecution often charges alternate offences in most jurisdictions, huh?Alvin Bragg trying to 'strong-arm' Daniel Penny jury into deciding on negligent homicide
Manhattan District Attorney Alvin Bragg is trying to "strong-arm" the jury in the Daniel Penny case into deciding on a verdict by dismissing manslaughter charges when they appeared deadlocked, former U.S. assistant attorney Andy McCarthy says.
"Bragg added a baseless recklessness charge to the indictment so the jury would have two counts, increasing the odds of conviction by giving the jury something to compromise on," McCarthy wrote in National Review.
The manslaughter charge required prosecutors to prove that Penny acted with recklessness when he put mentally ill homeless man Jordan Neely in a chokehold on May 1, 2023. Neely had barged onto a subway car while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.
The judge initially ruled that the jury could not deliberate on the second charge unless they found Penny not guilty of manslaughter by some reason other than that the chokehold was justified. However, after jurors said they were deadlocked a second time, Assistant Manhattan District Attorney Dafna Yoran asked to have the top charge dismissed to allow the jury to debate the lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.
"Today, the jurors have been Allen-charged to try to strong-arm them into deciding the count despite indicating, after three days, that they were deadlocked," McCarthy wrote.
McCarthy said that he believes Bragg's strategy in the case against Penny was to push forward with two charges, manslaughter and criminally negligent homicide, in order to maximize his chances in the court system.
"Unfortunately the strategy is working the way it's designed to work," McCarthy said on Fox News Channel on Friday.
In National Review, he said the prosecution should never have happened.
"This was not remotely a recklessness case, where it could be said that Penny wantonly disregarded an obvious risk of death," he wrote. "There is evidence that Penny moved Neely into a position that would make breathing easier, waited for the police to come and fully cooperated with them, and did not even know Neely was dead when he voluntarily spoke to police and explained what happened — that he wasn’t trying to hurt Neely, just subdue him until the police arrived."
Alvin Bragg trying to 'strong-arm' Daniel Penny jury into deciding on negligent homicide: Andy McCarthy
Manhattan DA Alvin Bragg is trying to "strong-arm" the jury into convicting Daniel Penny on a lesser charge in the subway chokehold case, Andy McCarthy argues.
Just checkin'...................
Bragg is long gone from this prosecution. The judge and DA both don't want a hung jury and a re trial because that doubles the state resources that are used up. So they want a clean decision from the jury - guilty or not guilty - and not a mistrial through a hung jury.
That's why they're pulling the charge that's deadlocking the jury and having them decide on the lesser charge. To get a clear verdict.
This happens in every fucking court house in the English-speaking world multiple fucking times a day.
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Death threats are flying, critics call it racist country. BLM threatening.
Daniel Penny acquitted of criminally negligent homicide after more serious manslaughter charge was dismissed
New YorkCNN —
A Manhattan jury found Daniel Penny not guilty of criminally negligent homicide Monday in the death of Jordan Neely on a New York City subway last year.
Penny also previously faced a more serious second-degree manslaughter charge, but Judge Maxwell Wiley dismissed it Friday at the request of prosecutors after jurors twice told the court they could not come to a verdict on the count.
Penny, a 26-year-old former Marine, would have faced up to four years in prison for a criminally negligent homicide conviction and up to 15 years for a manslaughter conviction.
The case stems from the death of Neely, a 30-year-old street artist who struggled with homelessness, mental illness and drugs, on a subway car on May 1, 2023.
Neely entered the subway car and began acting erratically, as he threw down his jacket and yelled at passengers that he was hungry and thirsty and didn’t care whether he died, witnesses said. Penny, a passenger, grabbed Neely from behind in a chokehold, forced him to the train floor and restrained him there for several minutes. When Penny let go of the hold, Neely was nonresponsive. He was later declared dead.
Several minutes of the chokehold were captured on bystander video that spread widely and has been played repeatedly in court during the trial.
Daniel Penny acquitted of criminally negligent homicide after more serious manslaughter charge was dismissed
New YorkCNN —
A Manhattan jury found Daniel Penny not guilty of criminally negligent homicide Monday in the death of Jordan Neely on a New York City subway last year.
Penny also previously faced a more serious second-degree manslaughter charge, but Judge Maxwell Wiley dismissed it Friday at the request of prosecutors after jurors twice told the court they could not come to a verdict on the count.
Penny, a 26-year-old former Marine, would have faced up to four years in prison for a criminally negligent homicide conviction and up to 15 years for a manslaughter conviction.
The case stems from the death of Neely, a 30-year-old street artist who struggled with homelessness, mental illness and drugs, on a subway car on May 1, 2023.
Neely entered the subway car and began acting erratically, as he threw down his jacket and yelled at passengers that he was hungry and thirsty and didn’t care whether he died, witnesses said. Penny, a passenger, grabbed Neely from behind in a chokehold, forced him to the train floor and restrained him there for several minutes. When Penny let go of the hold, Neely was nonresponsive. He was later declared dead.
Several minutes of the chokehold were captured on bystander video that spread widely and has been played repeatedly in court during the trial.
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www.cnn.com
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In his own words...He's very well spoken.
Like to hear the entire speech but not what you want to hear.
When a guy is aggressively panhandling in the subway and says “I don’t care if i go to jail or if I die” he should be taken at his word as forfeiting his right to complain when his wish came true.
Same with all the freedom fighters who claim to love death more than their adversaries love life.
Wow mitch you squeezed in like 20 tweets lol.
OK, NOW I can say the jury has spoken, declared not guilty, and we can move on.
I was just a few days early lol.
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A real scumbag.
The people that want Daniel Penny behind bars are the soft-on-crime types responsible for urban cities being overrun by violent crime.
They're cut from the same cloth as Trudeau. Absolutely clueless.
