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Top Stocks for Portfolio Growth in India Profitable Long Term Picks ✌️【Wealth Growth】✌️ Real-time stock and futures data, backed by expert stock market trend predictions, to help you make timely and profitable investment decisions. 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 thechokehold death of Jordan Neely on a New York City subway last year.

Top Stocks for Portfolio Growth in India Profitable Long Term Picks ✌️【Wealth Growth】✌️ Free stock selection service with professional advisors offering the best investment portfolio for stable growth. 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 to sentence Penny to no prison time if he is convicted.

Penny could not have been convicted of both charges, according to the judge’s instructions to the jury.

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“What that means is you are now free to consider Count 2. Whether that makes any difference or not, I have no idea,” the judge told the jury after updating them.

Judge Wiley had instructed the jurors to keep deliberating after they were deadlocked on the charge earlier in the day. Penny’s defense attorneys objected and moved for a mistrial over the deadlocked panel of 12 Manhattanites.

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“It’s not time for a mistrial,” Wiley told the attorneys outside the presence of the jury, after the jury first reported being deadlocked.

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Defense attorney Thomas Kenniff objected to the motion, telling the judge he was unaware of any legal precedent for the prosecution’s proposal and called it “novel.”

Granting the proposal, Kenniff argued, would “encourage prosecutors’ offices to overcharge in the grand jury.”

Penny’s defense attorney made clear they would appeal Wiley’s decision if the jury ultimately convicts Penny on the criminally negligent homicide charge.

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Explaining his rationale, the judge said it is a unique case because typically in an indictment including a lesser charge, there is a “very clear” difference between the counts, but in this case, he said, there is not.

“We are obviously very pleased with the Court’s decision to withdraw the top count of this indictment,” Keniff said in a statement Friday evening. “However, we have always maintained that Danny acted reasonably in restraining Jordan Neely, and justice will not be served until he is acquitted of criminally negligent homicide as well. We are hopeful that will happen when the jury returns on Monday.”

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“I wasn’t trying to injure him,” Penny told police. “I’m just trying to keep him from hurting anybody else. He was threatening.”

Prosecutors have said Penny acted recklessly by restraining Neely in a chokehold for so long, even after Neely stopped moving, while his defense has said he was acting to protect others from a threat.

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In closing arguments Monday, the defense argued Penny “was justified in the actions he took to protect the other riders.”

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Prosecutor Dafna Yoran, in her closing arguments, said Penny intended to protect fellow passengers but “he just didn’t recognize that Jordan Neely’s life too needed to be preserved.”

“We are here today because the defendant used way too much force for way too long in way too reckless of a manner,” she said.

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Further, Gonzalez could be heard in video footage of the incident saying that Penny wasn’t “squeezing” Neely’s neck in the 51 seconds before he released the chokehold. Gonzalez also testified he initially lied to investigators about what he saw and did on the subway out of fear he would be “pinned” for the killing. Prosecutors promised not to charge him in the case, he testified.

In addition, the Marine Corps martial arts expert who trained Penny in chokeholds testified that Penny was aware the holds could be lethal.

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“Restraining him for the moment was a relief, but if he would have gotten up, he would have done what he would have done,” subway rider Caedryn Schrunk said.

Top Stocks for Portfolio Growth in India Profitable Long Term Picks ✌️【Wealth Growth】✌️ Free access to professional investment advisors who provide real-time market data and trend analysis. Select top-performing stocks and boost your capital with expert strategies for market growth. The defense’s case focused on emphasizing Neely’s threatening behavior, character witnesses from Penny’s time in the US Marines and challenges to the medical cause of Neely’s death.

Penny served four years in the Marines as a sergeant, from 2017 to 2021, with his last duty assignment at Camp Lejeune in North Carolina, according to military records.

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Top Stocks for Portfolio Growth in India Profitable Long Term Picks ✌️【Wealth Growth】✌️ Expert guidance on stock market trends and real-time updates on stock indices, futures, and exchange rates. Make well-informed decisions and plan the best investment strategies for capital growth. The jury began deliberating on Tuesday afternoon. Over the first two days of deliberations, jurors sent several notes to the court requesting to review video evidence and rehear parts of the jury instructions and testimony during the trial.

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