Following the dismissal of the second-degree manslaughter charge against Daniel Penny in the death of Jordan Neely, legal experts have raised concerns about the judge's handling of the case. Fox News legal analyst Gregg Jarrett suggested the decision to drop the charge mid-deliberations could constitute "reversible error," potentially leading to an overturned conviction on the lesser charge of criminally negligent homicide.

Jarrett argued on "Hannity" that Judge Wiley's decision contradicts his earlier instruction that the jury should only consider the lesser charge if they acquitted Penny of the more serious one. This change in procedure, Jarrett contends, is coercive and potentially violates Penny's due process rights.

Harvard Law professor emeritus Alan Dershowitz also expressed concerns, suggesting the trial was likely headed for a hung jury from the outset, possibly due to jurors' preconceived notions of guilt. He shared his analysis with guest host Tammy Bruce on "Hannity."

Penny's defense team expressed cautious optimism about the remaining charge being dismissed, allowing them to shift focus to a recently filed civil lawsuit with similar allegations. The incident stems from Penny's use of a chokehold on Neely, who had reportedly been acting erratically on a New York City subway train.

The jury is set to resume deliberations on the lesser charge of criminally negligent homicide.