To Be A Coward
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Here's NPR's most recent story and their framing of what happened:
The altercation took place on May 1 on a New York City subway train. Neely, who used to perform on subway platforms as a Michael Jackson impersonator, was shouting that he was hungry and thirsty and moments later, Penny put Neely in a chokehold for several minutes. Neely was pronounced dead that same day.
https://www.npr.org/2023/05/21/1177435414/daniel-penny-interview-nyc-subway-killing-jordan-neely
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@Horace Listen to the advisory opinions podcast on the subject, which had a guest on who was a former public defender in Manhattan. It takes a deep look into the actual law and the nuances behind “imminent” violence. While the guy is very sympathetic to Penny, he certainly doesn’t think it’s as cut and dried as McCarthy thinks.
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@jon-nyc said in To Be A Coward:
@Horace Listen to the advisory opinions podcast on the subject, which had a guest on who was a former public defender in Manhattan. It takes a deep look into the actual law and the nuances behind “imminent” violence. I don’t think it’s as cut and dried as McCarthy thinks.
If you're responding to my first post in the thread, I was referring to a zoomed out version of the justice system. I understand that by technicality this case could potentially be prosecuted. I also understand that without the skin color thing, it wouldn't be.
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@George-K said in To Be A Coward:
@Horace said in To Be A Coward:
Maybe Biden will pardon him.
He can't. Not a federal crime, I think.
No law can stop the Biden crime family.
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The police refused to administer CPR to the homeless man when they arrived and the man was still alive. Case closed.
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Check out the prosecutor. So on the nose.
Link to video
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That’s a dude, right?
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The judge has dropped count #1 (the more serious charge) and sent the jury back to deliberate on count #2 (some kind of "negligent homicide" thing). I'd guess there are one or two holdouts in the jury who want to convict the white man of something...anything.
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@George-K said in To Be A Coward:
The judge has dropped count #1 (the more serious charge) and sent the jury back to deliberate on count #2 (some kind of "negligent homicide" thing). I'd guess there are one or two holdouts in the jury who want to convict the white man of something...anything.
Could be the opposite? Most jurors were going to convict and 1-2 refused?
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Did the judge formally dismiss the count?
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@LuFins-Dad said in To Be A Coward:
Could be the opposite? Most jurors were going to convict and 1-2 refused?
OF course.
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I used to think there were prosecutorial standards that prevented multiple charges for the same crime. Like you couldn’t charge manslaughter while also charging murder 1. You picked the most likely conviction charge and went with that. Ancillary charges were allowed of course. Firearm escalators, coverups, and such…
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https://www.cnn.com/2024/12/06/us/daniel-penny-jordan-neely-trial-verdict/index.html
Neely, a 30-year-old street artist who struggled with homelessness, mental illness and drugs, had entered a New York City subway car on May 1, 2023, and began acting erratically. He threw down his jacket and yelled at passengers that he was hungry and thirsty and didn’t care whether he died, witnesses said.
The spin there is just magnificent. Imagine how ignorant and manipulable that journalist thinks her audience is. (I assume this journalist is a she.)
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"The judge overseeing the trial of Daniel Penny, the man accused of using a deadly chokehold on Jordan Neely last year on a New York City subway, dismissed a manslaughter charge in the case Friday after jurors said they were deadlocked.
The decision, which came at the request of prosecutors, means jurors will consider only the lesser charge of criminally negligent homicide. It carries a maximum sentence of up to four years. Jurors were not told that prosecutors made the request. Penny has pleaded not guilty.
The jurors — seven women and five men — will resume deliberations Monday. They twice sent a note to the judge Friday — one in the morning and another in the afternoon — saying they could not come to a unanimous decision on the top charge of manslaughter in the second degree. After the first note, Judge Maxwell Wiley ordered them to continue deliberating."