Judge’s instruction to jury to consider negligent homicide in Daniel Penny case ‘was inappropriate’


Fox News legal analyst Greg Jarrett gave his opinion on Judge Maxwell Wiley – the judge Maritime veteran The controversial case of Daniel Penny, for the dismissal of a reckless manslaughter charge against Penny.

“It was inappropriate for Alvin Bragg’s prosecutors to suddenly decide to drop the top charge of reckless manslaughter after eight weeks of telling the jury that Penny was guilty and the judge had let him get away with it, and that he shouldn’t have done that. ,” Jarrett shared on “Fox & Friends.”

Judge Maxwell Wiley on Friday agreed to the prosecution’s request to dismiss the most serious charge, second-degree murder, after jurors twice told the court they were deadlocked on the issue.

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Greg Jarrett on Fox & Friends

Fox News legal analyst Greg Jarrett criticized the judge in the controversial case of Navy veteran Daniel Penny for dismissing a reckless manslaughter charge against him. (Fox & Friends)

Some legal analysts have argued that the judge’s dismissal will help Manhattan District Attorney Alvin Bragg reach a verdict against Penny.

“Now the judge is telling the jury, ‘Forget the law. Forget what I told you,'” Jarrett said of the judge’s decision to dismiss the case.

Jarrett then argued that the judge’s ruling in this case “also violated New York procedural law which prohibits dismissal at this late stage of deliberations unless both parties agree.”

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Daniel Penny arrives at court in New York City for the trial in the chokehold of Jordan Neely in a New York City Subway car

Judge Maxwell Wiley on Friday agreed to the prosecution’s request to dismiss the reckless manslaughter charge against Navy veteran Daniel Penny. (Rashid Umar Abbasi for Fox News Digital)

“The defense disagreed,” Jarrett said, further predicting, “If there is a conviction, it will be overturned on appeal.”

“It doesn’t make sense,” Jarrett said of the judge’s dismissal. “It’s mind-boggling. It’s hard to figure out.”

Penny gained national attention after he put mentally ill homeless man Jordan Neely in a chokehold on May 1, 2023. Neely had burst into a subway car while high on medsthreatening to kill passengers during a psychotic episode, according to trial testimony.

Michael Ruiz and CB Cotton of Fox News contributed to this report.

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