Judge's instruction for jury to consider negligent homicide in Daniel Penny case was 'improper,’ analyst says

Fox News legal analyst Greg Jarrett weighed in with his thoughts on Judge Maxwell Wiley — the judge in Marine veteran Daniel Penny's controversial case — for dismissing a reckless manslaughter charge against Penny. 

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

Judge Maxwell Wiley agreed on Friday to the prosecution's request to dismiss the most serious charge, second degree manslaughter, after jurors twice told the court they had deadlocked on the issue. 

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Fox News legal analyst Greg Jarrett criticized the judge in Marine veteran Daniel Penny's controversial case 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 "strong-arm" the jury into deciding on a verdict against Penny.

"Now, the judge is telling the jury, ‘forget about the law. Forget about what I told you,'" Jarrett said of the judge's decision to dismiss.

Jarrett then argued that the judge's ruling in this case, "also violated the New York procedure law that forbids dismissal at this late stage in deliberations unless both sides agree." 

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

"The defense didn't agree," Jarrett said, and further predicted, "If there is a conviction, it will get overturned on appeal." 

"It makes no sense," Jarrett said of the judge's dismissal. "It's bewildering. It's tough 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 barged onto a subway car while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.

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

Jeffrey Clark is an associate editor for Fox News Digital. He has previously served as a speechwriter for a cabinet secretary and as a Fulbright teacher in South Korea. Jeffrey graduated from the University of Iowa in 2019 with a degree in English and History. 

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