Judge accused of rewriting own rules to force Marine veteran conviction as jury weighs lesser charge

The legal drama surrounding Daniel Penny’s trial took an unexpected twist last Friday, and it’s the kind of courtroom saga you’d expect in a movie.

The judge, in a surprising move, dismissed the most serious charge against Penny—second-degree manslaughter—mid-deliberation. Legal analysts, including Fox News’ Gregg Jarrett, are already calling this a potential “partial victory” for Penny’s defense, but the decision has sparked debate.

Here’s why: The judge initially told jurors they could only consider the lesser charge of criminally negligent homicide if they found Penny not guilty of manslaughter. But when the jury deadlocked, the rules changed, leaving legal experts questioning whether this move violated Penny’s rights.

Jarrett described the situation as “coercive,” saying it’s almost forcing the jury to convict under the new framework. Harvard professor emeritus Alan Dershowitz chimed in, predicting a hung jury from the outset, given the intense scrutiny and preconceived opinions swirling around the case.

For those unfamiliar with the story, Daniel Penny is accused of fatally choking Jordan Neely, 30, on a New York City subway after Neely reportedly threatened passengers, saying, “Someone is going to die today.” Penny claims his actions were in self-defense.

Now, with deliberations resuming Monday, the jury will focus on the lesser charge of criminally negligent homicide. Penny’s defense remains “cautiously optimistic” about the outcome, though a civil lawsuit over the same incident looms.

This case is stirring up important discussions about self-defense, legal processes, and public perception. What’s your take on the judge’s decision and the potential fallout?