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December 09, 2024
Verdict: Daniel Penny Is Not Guilty of Anything
Update: Some commenters are saying he could still be re-tried on the count of manslaughter 2 that was dismissed (on the motion of the prosecution) on Friday. No. Once a jury is empaneled, double jeopardy attaches. A mistrial can be retried because it's a mistrial -- no true trial occurred, as no verdict was rendered -- but once the jury is empaneled, a dismissal is a dismissal with prejudice. He's free and clear on these charges forever.
Also, he's free and clear on these facts. In other words, the prosecutors cannot take the same facts at trial here and spin out another new charge. They are barred from bringing up new charges based on the same facts if they could have brought them up in a prior trial. They cannot now say "we're charging him for aggravated battery." That charge would arise from the same facts here. They've had their bite at this particular apple, they don't get another one.
They may try to find some other facts they can make charges on to persecute him, but he is now free and clear on these charges and any other charges arising from these facts.
Update to my update: I just remembered, prosecutors unfortunately can try some bullsh*t where they bring a "violation of civil rights" charge. The feds did that with the cops in the LA riots case. That was ruled not to be based on the "same facts" as the original charges were.
I don't expect them to do that but I guess they could. I imagine that Penny would try to dismiss these charges citing double jeopardy, but I don't know if the case law would be on his side.
We still need investigations into the prosecutors and into New York's predatory "justice" system.
The scumbag thug rent-a-protester BLM crowd are screaming threats at him, including the promise that he will never know peace. That is, he'll be hunted on the streets.
Jordan Neely's "father," who abandoned him as an infant to spend more time with his drugs, claims he's going to sue Penny. Below, he pretends to know his son's name.
More: This is what the NYC subways are like. Content warning -- it's a bum lying on the seats pissing freely on to the subway floor.