By N.S.
"Ex-Marine [sic] charged in nyc subway chokehold death breaks silence — 'This had nothing to do with race'"
"Ex-Marine [sic] Daniel Penny insisted to the post saturday that the chokehold killing of Jordan Neely had nothing to do with race -- and everything to do with a broken system."
N.S.: My understanding is that there are no "ex-Marines." Note, too, that the post violated Daniel Penny's presumption of innocence, by referring to Jordan Neely as a "chokehold victim." Neely was the perp, threatening subway riders. Whether he died from Penny's chokehold is irrelevant, since what Penny did was justifiable homicide.
https://nypost.com/2023/05/20/daniel-penny-breaks-silence-on-jordan-neely-nyc-subway-death/
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6 comments:
He sure as hell can't admit it was.I'm assuming his lawyer(s)sent him out to do repairs with the jury pool.But weren't there two blacks assisting him?
As with Chauvin and the other Minneapolis cops,this is wrong place,wrong time--probably wrong city and wrong d.a.
One more thing "wrong":He shouldn't go to prison for a fateful circumstance causing him to make a quick reaction.He didn't go looking for a crazy black to neutralize--the black found HIM.
That should mean PLENTY.
--GRA
jerry pdx
He shouldn't even be having to defend himself against racism, no reason to think it had to do with race except people have fabricated the notion that it did. At least on his part, race was a factor in that most of the time you see somebody behaving like Jordan Neely, it's a negro. The possibility of actual violence was real, because while most of the time somebody is acting out in public it doesn't explode into violence, the times it does, it's usually a negro. At least from what I've observed and media news reports (often you have to read between the lines) proves that to be true. Race was a factor but not racism, and if anybody had racist intent it was Neely, I think that many blacks act that way around Whites because they hate Whites and want to threaten them, they feel empowered to do so because they know Whites will be passive and do nothing, this witch hunt against a heroic White man is a message to Whites to shut up and put up, violence racist blacks can do as they please and you can do nothing.
Unfortunately in black run "ANC" New York City, Penny is fucked.
Other commenters have explained that Jordan Neely was placed in a headlock, not a "chokehold," as the media repeatedly claimed, and that such a hold does not impair breathing or blood flow to the brain. Moreover the video shows that two other passengers, one of them black, assisted Daniel Penny in restraining Neely. Are they going to be charged too by Alvin Bragg?
[Jordan Neely was placed in a headlock, not a "chokehold"]
This is true in the sense that the term "chokehold" is designed to be prejudicial against Penny. Anyone who has seen a little bit of UFC knows a "chokehold" is legal there, and is a way to get someone to "tap out" = to signal their submission, at which point the referee will stop the fight. The referee will also stop the fight if he sees the person in the "chokehold" is no longer resisting or capable of resisting. See 2) below.
[Penny's chokehold is irrelevant]
I think you'll find that legally it is not "irrelevant", since whether Neely's death was "justifiable homicide" depends on whether the measures used against him were "justifiable" given the actual or perceived threat posed by Neely.
There are two issues: 1) whether Neely's behavior justified restraining him, and 2) whether how and for how long he was restrained was proportionate to the threat he posed.
1) Should be easy to raise reasonable doubt about this, meaning the defense should fairly easily be able to show Neely's behavior was obnoxious, menacing, even threatening enough to show restraining him was justified. Here it will help a lot if others present are willing to testify to this.
About 1), it is doubtful that a judge will allow facts about Neely's previous behavior, arrests, etc to be introduced during the trial.
2) This is in some respects similar to Chauvin. Clearly a headlock ("chokehold") is a legitimate way to restrain someone and neutralize whatever threat they pose. But then there is the question of when Neely began to show distress, when did he pass out or go limp, basically when was he no longer a threat? In this context, did Penny show reasonable attention to Neely's distress? Per the NY state criminal statute, was Penny "reckless"?
https://newyork.public.law/laws/n.y._penal_law_section_125.15
So 2) is the key issue.
"Penny is fucked"
It's not clear.
Fox News, like most of the other media, falsely claims that Daniel Penny held Jordan Neely in a "chokehold" when he merely restrained him in a headlock:
https://www.foxnews.com/us/would-have-wanted-you-on-subway-donors-send-messages-support-daniel-penny-amid-criminal-charges.
If Penny ever is extricated from this mess, he should sue every such media outlet for slander.
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