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Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Free break-even services and stock analysis to help you recover quickly from losses and increase your chances of making profitable investments. 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.
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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.”
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Real-time stock and futures data, backed by expert stock market trend predictions, to help you make timely and profitable investment decisions. Neely “was on a collision course with himself” and Penny “acted when others could not,” defense attorney Steven Raiser said during his two-hour closing argument.
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ AI-driven stock trend forecasting with free access to real-time market data, offering personalized investment advice and expert predictions. The defense also has challenged the medical examiner’s determination Neely died from the chokehold and suggested the charges were brought because of “a rush to judgment based on something other than medical science.”
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.
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Real-time stock market data, precise predictions, and investment strategies to help you optimize your portfolio and achieve financial success. The trial began with jury selection in late October and hasfeatured testimony, video and 911 callsfrom subway riders, responding police officers and martial arts and medical experts.
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Free expert predictions on stock trends and real-time data to help you make informed decisions and grow your wealth steadily. The prosecution called more than 30 witnesses to the stand, including one man who helped restrain Neely’s arms during the struggle and testified he advised Penny to loosen his grip. “I’m going to grab his hands so you can let go,” Eric Gonzalez told Penny, according to his testimony.
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.
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Accurate real-time market data and expert stock predictions for profitable investment opportunities in global markets. Related articleDaniel Penny’s lawyers argue he protected others, prosecutors say he ‘went too far’ as NYC subway manslaughter trial begins
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Expert stock predictions and free stock selection services to help you achieve optimal returns and long-term growth. Several subway riders testified they were terrified Neely was going to attack and that they were relieved when Penny put him in a chokehold and kept him there.
“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.
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Receive professional stock analysis with real-time updates on market movements. Make quick investment decisions and capitalize on profitable opportunities. 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.
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Free access to stock market forums, expert advice, and real-time data to help you stay informed and grow your investments. The city medical examiner who performed Neely’s autopsy, testifying for the prosecution, ruled the cause of his death was “compression of neck (chokehold).” She made that determination after performing an autopsy andwatching the cell phone video on the subway but did not wait for the toxicology report, she testified.
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Get precise stock market predictions and free access to real-time market data for efficient decision-making and portfolio growth. The defense presented its own medical expert who said Neely died of a combination of factors, including a sickling crisis linked to his sickle cell trait, a schizophrenic episode, the struggle and restraint by Penny and K2 intoxication.
Best AI Driven Stocks in India Trending Stocks Now ✌️【Investment Expert】✌️ Expert analysis of global stock trends, futures data, and real-time stock market quotes to help you plan your next investment move. 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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