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Judge refuses to dismiss subway chokehold death case against Marine veteran Daniel Penny
Posted on 1/17/24 at 11:02 am
Posted on 1/17/24 at 11:02 am
BREAKING: Daniel Penny, charged with second degree manslaughter for placing a homeless guy in a chokehold for threatening people on the subway in New York, just had his request to dismiss the charges against him denied.
And so continues the muti-tiered “justice” system in the US.
Trial to begin in the fall.
NBC New York
And so continues the muti-tiered “justice” system in the US.
Trial to begin in the fall.
NBC New York
quote:
A judge has denied a motion by attorneys for Daniel Penny, the U.S. Marine veteran who placed Jordan Neely in a deadly chokehold aboard a New York City subway last year, to dismiss the case.
The decision came in court on Wednesday. The judge ordered Penny back to court in late March. His trial is tentatively expected to start in the fall. Penny's attorney didn't comment after the hearing.
Penny, 24, has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 1 death of Neely, a former Michael Jackson impersonator who was shouting and begging for money on the Manhattan train, according to witnesses.
Penny pinned him to the ground with the help of two other passengers and held him in a chokehold for more than three minutes. Neely, 30, lost consciousness during the struggle.
The chokehold death, which was caught on bystander video, prompted fierce debate, with some praising Penny as a good Samaritan and others accusing him of racist vigilantism. Penny is white and Neely was Black.
In an October court filing, Penny's attorneys highlighted testimony from grand jury witnesses who were on the May 1 train. One of those riders, the motion reads, was afraid he “was going to die” when Neely approached.
To get a manslaughter conviction, which carries a prison sentence of up to 15 years, prosecutors would have to prove Penny recklessly caused Neely's death while being aware of the risk of serious harm.
A conviction for criminally negligent homicide would require the jury to find that Penny unjustifiably put Neely at risk of death, but failed to perceive that risk. The maximum penalty would be four years in prison.
Penny, who served in the Marines for four years and was discharged in 2021, has said he acted to protect himself and others from Neely. In a video statement released by his lawyers weeks after the incident, Penny claimed Neely repeatedly said “I’m gonna kill you,” and that he was ready to die or spend his life in prison.
Neely's family members and their supporters have said Neely, who struggled with mental illness and homelessness, was crying out for help and was met with violence.
Posted on 1/17/24 at 11:09 am to EKG
WE should be rioting over this.
Posted on 1/17/24 at 11:09 am to EKG
"Trial begins in the Fall"
and there it is....BLM and Antifa about to get busy before November.
and there it is....BLM and Antifa about to get busy before November.
Posted on 1/17/24 at 11:12 am to EKG
Penny did society a favor. He should get a cash reward from crime stoppers.
Posted on 1/17/24 at 11:12 am to EKG
And yet another reason why you should think long and hard before trying to protect someone else that it not an immediate family member...
Society has asked for this....
Society has asked for this....
Posted on 1/17/24 at 11:14 am to EKG
quote:
Neely's family members and their supporters have said Neely, who struggled with mental illness and homelessness, was crying out for help and was met with violence.
quote:
Neely's family members and their supporters have said Neely, who was a violent a-hole, is going to provide more for them in death than in life.
Fixed.
Posted on 1/17/24 at 11:15 am to LegalEazyE
quote:
WE should be rioting over this.
Government is inherently fricked up; so few things they do surprise me and wind me up to the point of rage.
This situation is the exception.
I feel myself becoming viscerally apoplectic over what’s happening to this man.
This post was edited on 1/17/24 at 11:17 am
Posted on 1/17/24 at 11:21 am to EKG
quote:
Michael Jackson impersonator who was shouting and begging for money
What was he shouting? His top 10 favorite movies? His mom’s recipe for peach cobbler?
Posted on 1/17/24 at 11:28 am to EKG
quote:
Neely was crying out for violence and was met with violence.
Fixed it for them.
Posted on 1/17/24 at 11:28 am to Godfather1
quote:
inb4 Spectrum
You don't need me. Just read the article.
quote:
“While we disagree with the Court’s decision not to dismiss the indictment, we understand that the legal threshold to continue even an ill-conceived prosecution is very low," Raiser and Kenniff said in a statement.
A motion to dismiss an indictment is difficult and requires a legal issue when he was relying on facts.
For example, Trump's business records criminal trial in NY has a chance of being dismissed, due to the legal issues at hand.
Posted on 1/17/24 at 11:38 am to EKG
In 2024, the Law getting in the way of Justice is the norm.
Posted on 1/17/24 at 11:40 am to oogabooga68
quote:
In 2024, the Law getting in the way of Justice is the norm.
Well if you wanted to sound exactly like a progressive on this cold Wednesday morning, you just did it quite succinctly.
When will the "No justice, no peace" chants start?
Posted on 1/17/24 at 11:41 am to EKG
Upside down world run by Democrat trash! Heroes are now villains and thugs like George Floyd are hailed as heroes.
And why isn't Lt. Robert Byrd of the capital police not charged with murder for killing unarmed white woman, Ashli Babbit?
And why isn't Lt. Robert Byrd of the capital police not charged with murder for killing unarmed white woman, Ashli Babbit?
Posted on 1/17/24 at 11:43 am to the808bass
quote:
That’s a troll post.
I mean...that's sort of all he really does....
Posted on 1/17/24 at 11:44 am to EKG
Judges decide legal issues, not guilt or innocence.
Posted on 1/17/24 at 11:45 am to the808bass
"The law getting in the way of justice" is the theme every time a progressive/socialist policy gets struck down by courts
Remember this a few years ago?
Remember this a few years ago?
Posted on 1/17/24 at 11:45 am to EKG
The justice system is so fricked up.
Over the past 30-40 years our prestigious law universities have graduated/unleashed cultural Marxist tainted lawyers on society, eventually these cultural Marxist lawyers become judges and here we are.
Over the past 30-40 years our prestigious law universities have graduated/unleashed cultural Marxist tainted lawyers on society, eventually these cultural Marxist lawyers become judges and here we are.
Posted on 1/17/24 at 11:45 am to SlowFlowPro
Sure. So you’re saying the law never gets justice wrong.
Good talk.
Good talk.
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