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.
“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.
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