Here’s Why The State Dropped Top Charge In Daniel Penny Case, And Why Defense Is Calling Foul

The prosecution in the Daniel Penny trial on Friday successfully requested that the top charge, second-degree manslaughter, be dismissed during jury deliberations. The jury will now deliberate on the lesser charge of criminally negligent homicide, which holds up to four years behind bars.

Since the manslaughter charge potentially holds a far longer sentence, up to 15 years, the dismissal, at first glance, might seem like a good thing for Penny. But as highlighted by some legal eagles online, and, most importantly, the defense, the state’s request is a desperate move to try to secure some sort of conviction in their extremely weak case.

As highlighted by The Daily Wire, the defense argued Friday that dismissing a harder charge in the midst of jury deliberations that don’t seem to be going your way is setting a dangerous precedent for prosecutors to overcharge defendants, knowing that they can maneuver last minute.

Additionally, defense argued that the state was “coercing” the jury, or illegally pressuring them for, in this case, a guilty verdict.

By viewing the jury instructions in this particular case in context with the questions asked by the jury, it’s clear the state realized they were headed for a hung jury, or worse, a full acquittal. Instead of letting that play out, they moved to put the case on life-support, hoping to squeeze out a conviction on the lower charge.

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In some cases — and in the most likely case — the second charge of criminally negligent homicide can only even be considered if the jury finds a guilty verdict for the second-degree manslaughter charge. Here are the jury instructions (emphasis added):

If you find the defendant not guilty of count 1, manslaughter in the second degree, for the reason that the People have failed to prove beyond a reasonable doubt that the defendant was not justified, then, you must not consider count 2, criminally negligent homicide, and you must also find the defendant not guilty of that count.

As the instructions read, if the jury finds Penny not guilty of manslaughter because the state was unable to prove that his actions weren’t justified, they also have to find Penny not guilty on count 2, rendering a full acquittal.

So instead of potentially having both charges acquitted, or end up with a mistrial by way of a hung jury, jurors are considering the second charge without the burdens from the jury instructions that helped the defense.

Notably, however, per the jury instructions, the jury could have potentially found Penny not guilty on count 1, but guilty on count 2. That would be because they found Penny not guilty on manslaughter “for some reason other than the lack of justification.”

“Look at the instructions Count 2 consideration was contingent on Count 1 deliberations,” Marina Medvin posted. “The decision to allow consideration of Count 2 removes the defense-protective obstacles from the instruction. If Penny is convicted as a result, the defense will have a field day on appeal.”

Daniel Penny judge dismissed Count 1, manslaughter, after a hung jury — BUT he is going to allow the jury to consider Count 2, negligent homicide, on Monday.

Look at the instructions. Count 2 consideration was contingent on Count 1 deliberations. The decision to allow… pic.twitter.com/ghf75ksjCM

— Marina Medvin ???????? (@MarinaMedvin) December 6, 2024

Indeed, defense will certainly appeal if the jury comes back with a guilty verdict on count two, with a high degree of likelihood they’ll prevail since the state/judge’s move was so unusual.

Related: Defense In Daniel Penny Case Says Prosecution Improperly Signaling To The Jury