CNN legal analyst Joey Jackson said Monday that a Manhattan jury was justified in acquitting Marine veteran Daniel Penny of manslaughter in the death of homeless man Jordan Neely. said.
Penny strangled Neely for several minutes on the New York City subway after he screamed and acted erratically, and witnesses said they felt threatened by the homeless man's actions. Jackson told “CNN Newsroom with Pamela Brown” that the jury found that the attack was an act of self-defense, or that the schizophrenia and drugs in Neely's system caused Penny to believe Neely died. He suggested he may have believed he was not responsible. (Related: Body camera footage revealed deals major blow to Daniel Penny's prosecution)
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“I'm not surprised by that. We certainly saw them being struck down by a reckless assault just last week. That was a 15-year manslaughter charge. And why did the call I think there was some concern about whether or not he had been cut,” Jackson said. “What do you think we know when we look at this? First of all, we have to look at what negligent, criminally negligent homicide means. was negligent, which means concluding that he failed to recognize the risk that his activities caused Jordan Neely's death.However, I think there are two important issues that you note. Masu.”
Penny had previously been charged with a more serious charge of second-degree manslaughter, but that was dismissed by Judge Maxwell Wiley after a hung jury. The judge allowed the jury to consider the lesser charge of criminally negligent homicide.
“First, was it self-defense? That's certainly what the defense argued. [Neely] It represented an imminent threat. “And as a result of the fact that he represented an imminent threat of death or serious bodily injury, it was reasonable and appropriate to restrain him in this manner,” Jackson continued. “And that was the only issue. I think the second issue is dealing with causation. What do we mean by causation? I mean, the prosecution had to prove that. [Penny] Caused the death of Jordan Neely. And there was indeed controversy regarding the medical evidence. However, the coroner for the prosecution stated that strangulation was actually the cause. ”
“On the other hand, it made the defender say a lot of things. The first was that he didn't put enough pressure on him to get into a choke hold. The second was that he was diagnosed with schizophrenia. “It was because of issues like synthetic marijuana,” he added. “Therefore, there are many problems for a jury to conclude beyond a reasonable doubt that either a) it was self-defense, or b) it was not self-defense and he was not the cause.'' So I think those are two good reasons for them to be acquitted, and that's exactly what they did.”
Democratic Manhattan District Attorney Alvin Bragg announced The charges against Penny were filed on June 28, 2023. Veterans were imprisoned for up to 15 years.
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