An attorney for Marine Daniel Penny accused the prosecution of intentionally “overcharging” the subway hero in the Jordan Neely chokehold case, knowing the move would ultimately come down to the jury weighing on the “easier-to-prove” lesser charge.
As RedState reported on Friday, the judge in the high-profile case granted the prosecution’s motion to dismiss the top charge of second-degree manslaughter before the jury broke for the weekend, leaving the jurists to weigh the lesser charge of criminally negligent homicide when court deliberations resume on Monday.
Jurors had failed to reach a unanimous decision twice, prompting the dismissal.
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