Judge Dismisses Toughest Charge Against Daniel Penny

The two charges against Penny were manslaughter in the 2nd degree, requiring a "reckless" disregard for human life state of mind, and criminally negligent homicide, requiring the somewhat less serious state of mind of "criminal negligence." Which is more than standard civil-suit negligence.

Yeah, the distinctions between "recklessness" and "criminal negligence" are thin and nebulous.

The jury reported they were deadlocked on the top charge. On a motion from prosecutors, the judge dismissed manslaughter as a charge.

I assume their idea is that they will clear the top charge so that the jury can compromise on the less-serious charge.

But.... to be honest, I think the jury members who believe in the right to self-defense could have been pressured to accept the lesser charge to avoid the more serious charge. By dismissing the most serious charge, the defenders of self-defense (and simple reason) can no stick to their guns and refuse to convict on the lesser charge, too.

The manslaughter charge is now gone, forever. If it had gone to verdict, and the jury was still deadlocked, then the Soros prosecutors could have re-tried that charge. But having dismissed it, it is now dismissed with prejudice, extinguished. (There's some rule that once a jury is empaneled, the charge cannot be dismissed without prejudice. That keeps prosecutors from continually charging, then dismissing, then re-filing charges against someone to keep in in court forever without resolution.)

The jury has been dismissed and will reconvene on Monday.

This is certainly good news for Perry, but if the jury deadlocks again on the second charge, then Alvin Bragg and his murderer's row of racist prosecutors will just charge him with that crime again.

In Trump's first month, he should charge the DOJ with conducting an investigation into Bragg's DA office for discriminatory prosecution based on race. She has admitted she gives black defendants very light charges because they've had "hard lives."

Video below.

posted by Ace at 04:53 PM

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