Daniel Penny was "unfairly" overcharged by prosecution, attorney claims, resulting in a "miscarriage of justice."

Marine veteran Daniel Penny was "overcharged" by the prosecution in the Jordan Neely subway chokehold case, according to Attorney Brian Claypool, who believes the move was intentional and aimed at making the case easier for the jury to decide on a lesser charge.

The judge dismissed the top charge of second-degree manslaughter in the high-profile case before the jury went on break, leaving them to consider the lesser charge of criminally negligent homicide when court resumes on Monday.

Jurors failed to reach a unanimous agreement twice, prompting the dismissal.

When this case began, I believed that the prosecutor had overcharged Daniel Penny. However, I later realized that this was not a second-degree manslaughter case, as it requires intent to harm Jordan Neely. To prove this, it is necessary to demonstrate that Penny knew and had a reasonable belief that Neely would die as a result of the chokehold, despite his actions.

"The prosecutors overcharged, knowing they wouldn't get a conviction on second-degree manslaughter, and then got what they wanted. They then convinced the judge to go with the lesser charge, which was easier to prove. This led to jurors throwing up their arms after three or four days of deliberation and agreeing to the lesser charge, resulting in a miscarriage of justice."

On Friday, Penny's defense stated that they are hopeful that the remaining charges will be dropped by the jury on Monday, ending the "terrible ordeal" for Penny.

By focusing on the civil lawsuit, we can address the allegations made in the criminal indictment.

Neely was killed by Penny after he threatened to "die today" and didn't care about going to prison for life on a New York City subway.