BBM:
When your first reaction to seeing a person as they enter wherever that is that they're a "crackhead" is certainly dehumanizing them and as we found out Neely suffered from paranoid schizophrenia.
It wouldn't matter what Penny thought when he put Neely in the chokehold that killed him.
Penny is a Marine and trained in deadly force/chokeholds so he has no excuse for continuing chokeholding Neely for a minute after he was motionless and even before then when Neely's body jerking was a sign he's dying.
“The notion that death is not a foreseeable consequence of squeezing someone’s neck for six minutes is beyond the pale,” the DA’s office wrote in a November 2023 court filing.
His Marine trainer testified before the Grand Jury'
"Manhattan District Attorney Alvin Bragg’s office
has argued that Penny knew during the encounter that he might kill Neely, even if that was not his intention.
They’ve cited testimony from a Marine trainer, who told the grand jury that Marines are taught that chokeholds — which are meant to be a “non-lethal” restraint — can sometimes be fatal.
Prosecutors will also bring up evidence that Penny kept Neely in his chokehold for six minutes, continuing to restrain him even after the homeless man was no longer making purposeful movements.
“The notion that death is not a foreseeable consequence of squeezing someone’s neck for six minutes is beyond the pale,” the DA’s office wrote in a November 2023 court filing.
His Marine trainer testified before the Grand Jury'
Jordan Neely’s death in a crowded Manhattan subway car struck a nerve with New Yorkers in May 2023, when bystander video of Daniel Penny placing the troubled homeless man in a fatal chokehold…
nypost.com