Daniel Penny has been ‘overcharged’ for being prosecuted in an ‘unfair’ move, a lawyer has said

Attorney Brian Claypool has accused prosecutors of “overcharging” Navy veteran Daniel Penny in the Jordan Neely chokehold case, knowing the move will be up to jurors facing the “easy to prove” case.

The judge in the high-profile case granted a motion by prosecutors to drop the high-degree charge of involuntary manslaughter before jurors were released over the weekend, allowing them to consider the lesser charge of negligent homicide during Monday’s trial.

The judges failed to reach a unanimous agreement twice, which led to their dismissal.

“I thought when this case started that the prosecutor charged Daniel Penny. This was never a second degree manslaughter charge; that required that Penny intended to harm Jordan Neely. That required proof that Penny knew and had reasonable faith to know that Jordan Neely was going to die because of this obstruction but he has done it,” said Claypool.

“There are no facts to support that, so these prosecutors overcharge, they know they’re not going to get convicted of murdering one person, and they get what they want. Then they get a judge to say, ‘Well, you’re not going to plead guilty to that one, but let’s go to the smaller, easier-to-prove cases.’ What you do is induce judges to throw up their arms after deliberating for three or four days and say, ‘Okay, let’s just get them on a lesser charge,’ so that’s wrong, and that’s a miscarriage of justice.”

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Penny’s lawyer said in a statement on Friday that there is “high hope” that the remaining count will be thrown out by a judge on Monday, allowing the “nightmare” to be put behind Penny.

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Jordan Neely was photographed before going to see the Michael Jackson movie, “This is It,” outside Regal Cinemas on 8th Ave. and 42nd St. in Times Square, New York, in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

“…[This would] allow us to focus on the case filed two days ago, with the same allegations contained in the criminal case,” the statement continued.

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Penny is accused of driving 30-year-old Neely to his death after Neely told passengers on the New York City subway that someone was “going to die today” and that he didn’t care about going to jail. life.