In order to find him guilty of second-degree manslaughter; the prosecution said that Penny knew Neely’s life was in jeopardy yet continued to squeeze his neck.
According to records submitted by prosecutors, for murder to be considered criminally negligent, the jury.
Would have had to conclude that Penny was unaware that Neely’s life was in danger while he battled to breathe while being held in the chokehold.
Why was the accusation of manslaughter dropped? Judge Max Wiley told the jury at the beginning of the trial that they could not examine the accusation of criminally negligent homicide until.
They had reached a consensus on the charge of second-degree manslaughter. According to Wiley, both charges would be withdrawn if the jury finds Penny not guilty of the first one.
