Jurors announced ex-Marine Daniel Penny was not guilty of criminally negligent homicide Monday after the judge allowed them to vote on the less severe charge and dismissed his manslaughter charge Friday in the divisive case, after Penny used a chokehold on a homeless Black man on a New York City subway car in 2023.
Multiple outlets reported Monday that Penny was acquitted of the charge.
Judge Maxwell Wiley, who is proceeding over the case, allowed jurors on Friday to deliberate Penny’s the charge of a criminally negligent homicide, after he earlier mandated that jurors decide the more serious charge of manslaughter first, saying they should consider the charge after they “go home and think about something else.”
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