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Started By
Message
re: Marine veteran Daniel Penny indicted for subway chokehold death of Jordan Neely
Posted on 6/14/23 at 6:20 pm to AggieHank86
Posted on 6/14/23 at 6:20 pm to AggieHank86
quote:If that's the NYRS you quoted, the underlined portion is going to put his team on the offensive. They're going to have to sell the jury that the dead guy's actions were overt and imminent signs of deadly physical force.
(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 ...
Sucks for this guy, but unless one of the other witnesses present is willing to take the stand and testify that they had reason to believe they were about be murdered, kidnapped, raped, etc., people should stop donating to his legal aid fund and start putting money in his canteen. It'd be better spent on ramen and honey buns than a defense in NYC.
2
Posted on 6/14/23 at 6:28 pm to AggieHank86
quote:
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."
The fact that several independent people felt it necessary to restrain the guy and he was raving about not caring if he got life in prison really paints a picture that the people on that car absolutely had a reasonable fear that Neely could have engaged in deadly force, IMHO. I don’t see how a jury can honestly convict here.
Posted on 6/14/23 at 6:28 pm to Abraham H Parnassis
quote:all that I have seen is witness statements asserting that Neely was “acting erratically.” There is a huge gulf between that and reasonably fearing “deadly physical force.”
unless one of the other witnesses present is willing to take the stand and testify that they had reason to believe they were about be murdered, kidnapped, raped, etc., people should stop donating to his legal aid fund and start putting money in his canteen.
of course, recognizing that reality means that you and I have “no conscience“ and that we somehow side with Neely and want to see Penny spend the rest of his life in prison, if not be slowly tortured to death.
The inability of the vast majority of posters on this form to engage in rational analysis is absolutely fascinating.
This post was edited on 6/14/23 at 6:29 pm
Posted on 6/14/23 at 6:32 pm to AggieHank86
You use the word “deadly force” but don’t know what it means. Deadly force is shooting a suspect, or something similar that is likely to lead to death or great bodily harm; attempting to restrain an individual isn’t deadly force, even if the person later dies.
Posted on 6/14/23 at 6:34 pm to Abraham H Parnassis
One of the witness's that will testify:
quote:
A straphanger who witnessed the fatal subway confrontation between Daniel Penny and Jordan Neely earlier this month called Penny a “hero” for restraining the homeless man before his death.
The 66-year-old woman, who asked not to be identified, also said she’d testify on behalf of Penny, 24, who was charged last week with second-degree manslaughter over the deadly encounter.
The witness told The Post that Neely, 30, went on an explosive tirade just before his caught-on-camera death, telling people he was willing to “kill a motherf—er” and “[take] a bullet” and go to jail.
Neely’s erratic behavior put commuters on the F train subway car on edge as they hurtled between stations in Manhattan, the witness said.
“The rhetoric from Mr. Neely was very frightening, it was very harsh,” the witness told The Post.
Posted on 6/14/23 at 6:35 pm to Riverside
quote:I assure you that I understand the usage of that legal term of art far better than you do, my friend.
You use the word “deadly force” but don’t know what it means.
In New York, the form jury instruction defines it is that force which is “ readily capable of causing death or other serious bodily injury.“
He used a chokehold. He cut off the man’s airway. There is not a jurisdiction in this country where that is not considered deadly force.
depending upon what the jury believes regarding the actions of Neely, deadly force may or may not have been justified. But only a complete moron would argue that a chokehold is not deadly force.
This post was edited on 6/14/23 at 6:44 pm
Posted on 6/14/23 at 6:35 pm to EKG
quote:
This story disturbs me greatly. If ever there was a person to support with your treasure and prayers, it’s this man.
This
Posted on 6/14/23 at 6:36 pm to Cobbvol
if the jury believes that testimony, and if there is no evidence to the contrary, that testimony could certainly theoretically support the affirmative defense. Of course, that depends upon the goodwill of New York City jury.
again neither I nor Abraham is saying this man is definitely going to prison. We are simply saying that he is… facing significant risk
again neither I nor Abraham is saying this man is definitely going to prison. We are simply saying that he is… facing significant risk
Posted on 6/14/23 at 6:37 pm to Joeybd
quote:
killed a man with his bare hands. He will face a jury for his actions.
Too bad it wasn’t you.
The more mentally deranged one taken out.
Posted on 6/14/23 at 6:38 pm to Joeybd
quote:
He killed a man with his bare hands. He will face a jury for his actions.
In another dimension, you were on that subway and Penny did nothing while you were bludgeoned to death by Neely.
Posted on 6/14/23 at 6:38 pm to AggieHank86
quote:
all that I have seen is witness statements asserting that Neely was “acting erratically.” There is a huge gulf between that and reasonably fearing “deadly physical force.” of course, recognizing that reality means that you and I have “no conscience“ and that we somehow side with Neely and want to see Penny spend the rest of his life in prison, if not be slowly tortured to death. The inability of the vast majority of posters on this form to engage in rational analysis is absolutely fascinating.
Multiple women who were present went out of
their way and went to the police station and gave
statements that they were afraid and they supported
Penny.
Your analysis of every situation is fascinating.
You are so full of shite that’s it’s beyond fascinating
Posted on 6/14/23 at 6:42 pm to AggieHank86
quote:
The inability of the vast majority of posters on this form to engage in rational analysis is absolutely fascinating.
I think many do have that ability.
I also believe that many are unwilling to do so with you for what should be obvious reasons by now.
Posted on 6/14/23 at 7:01 pm to AggieHank86
I stand corrected.
You have no conscience.
You have no conscience.
Posted on 6/14/23 at 7:14 pm to EZE Tiger Fan
quote:
This is what a Progressive voter considers a "hero"
Funny thing is they're in the other thread trying to give us VP candidate advice.
Posted on 6/14/23 at 7:34 pm to EKG
When and where do we riot… or hold “mostly peaceful” protests?
Posted on 6/14/23 at 7:35 pm to FriscoTiger1973
quote:
He's screwed. A NY jury will convict and he will not win appeals.
If true, how many years is he is looking at?
This post was edited on 6/14/23 at 7:37 pm
Posted on 6/14/23 at 7:36 pm to EKG
Another sign amongst many that the country is sliding into the abyss. Where down is up, up is down, Good samaritans are criminals, and criminals are victims.
Posted on 6/14/23 at 8:32 pm to Joeybd
He used deadly force to subdue a violent criminal who was threatening more violence on innocent people.
Now, kindly frick off.
Now, kindly frick off.
Posted on 6/14/23 at 8:45 pm to mtntiger
It’s because he’s a White Male…it’s really that simple. Liberal Authoritarianism has come to America in the name Diversity, Equity and Inclusion. I fear for this mans freedom…
Posted on 6/14/23 at 9:39 pm to AggieHank86
quote:
AggieHank86
I rarely say this but you are a real piece of shite
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