NEW YORK CITY—Judge Maxwell Wiley on Nov. 25 declined to dismiss the case against former U.S. Marine Daniel Penny after hearing defense lawyers’ and prosecutors’ arguments without the jury present.
Penny is on trial for manslaughter and criminally negligent homicide related to the death of Jordan Neely on May 1, 2023.
The judge did agree to include a limiting instruction regarding witness testimony in his final instructions to the jury, which is set to begin deliberating on the controversial case next week after closing arguments set for Dec. 2.
The limiting instruction will tell the jury not to take into consideration any subjective opinions that witnesses may have let slip about the guilt or innocence of the defendant….