Former Marine Daniel Penny's case continues to draw attention, with legal expert Greg Jarrett questioning Judge Maxwell Wiley's decision to drop a reckless manslaughter charge. Jarrett, speaking on Fox & Friends, criticized the move, highlighting the prosecution's prior emphasis on this charge throughout the trial. He argued that Judge Wiley's acceptance of the dismissal was inappropriate, especially given the jury's reported deadlock.

Jarrett's critique extends to the potential implications of this decision. He suggests that it could be perceived as pressuring the jury towards a guilty verdict on the remaining charges, deviating from legal protocol. Furthermore, he contends that the dismissal contradicts New York legal procedures, which typically require agreement from both sides at this stage of deliberations. Jarrett anticipates a potential appeal and overturn of any conviction based on this procedural irregularity. He expressed bewilderment at the judge's rationale, calling it difficult to comprehend.

The case revolves around the death of Jordan Neely, who was reportedly experiencing a drug-induced psychotic episode and making threats on a subway car when Penny restrained him. This incident has sparked national debate.