re: Marine veteran Daniel Penny indicted for subway chokehold death of Jordan Neely

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Evidence against him is non existent. He'll be found not guilty and NYC will burn.

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I hate that he is being prosecuted, but this post is nonsense. The "evidence against him" is that he killed someone, and that is undisputed. He will be attempting to JUSTIFY that action by relying upon "defense of others." As usual, I suggest that looking at the applicable statute is a good starting point in ANALYZING the applicability of that statute:

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Sec. 35.15 Justification; use of physical force in defense of a person.

1. A person may, subject to the provisions of subdivision two, use physical force upon another person ... to the extent he ... reasonably believes such to be necessary to defend ... a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person ....

2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:

(a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating ...

(b) He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery ....

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Like it or not, and absent jury nullification, the guy has some potential exposure under this statute.

The prosecution will argue that subsection 35.15(1) is not applicable, because Penny used DEADLY physical force, rather than just "physical force." As such, they will argue that it was not enough that the bystanders were in danger of "unlawful physical force," they must have been facing the imminent use of "deadly phyical force" by Neely. They will argue that Neely was not about to engage in DEADLY physical force and that any belief to the contrary by Penny was not "reasonable."

Queue up the CNN feel good stories about how friendly street performers are and how they'll never harm anyone, yet are often misunderstood.

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How much have you donated to his legal defense fund?

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I prefer to keep my financial matters private, to include donations.
I wish, however, I could do more than I have.

He's the living embodiment of our strong jawed Patriot meme guy. It's him.

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He's literally our strong jawed Patriot meme guy

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Except for the 1980s pro-wrestling, pretty-boy haircut.



He looks like Viggo Mortensen with this guy's coiffure:

Another reason I left new orleans.

As a white guy im not going to keep myself in a situation where i might have to fend for my life and have all Democrats on my jury.

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He was just a poor harmless Michael Jackson impersonator that had 44 arrests and kidnapped a 7 year old and beat an old lady on the subway so bad that she broke her face.

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He’ll get a statue outside the subway entrance with that resume.

I get that you jerk off to the idea of letting an innocent man get real jail time, but at some point, even you must have some sort of conscience.

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Another reason I left new orleans. As a white guy im not going to keep myself in a situation where i might have to fend for my life and have all Democrats on my jury.

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Exactly.

People need to think long and hard about what “jury of your peers” means depending on where you live now.

the political polarization of everything extends to the jury box, you don’t want to be in a shithole

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I prefer to keep my financial matters private, to include donations.
I wish, however, I could do more than I have.

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