Daniel Penny on Trial for manslaughter and negligent homicide of Jordan Neely

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  • #541
Thank you for this post!. K2 is merely a defense strategy, designed in an effort to confuse a jury. And distract. Imo. Prosecution has presented sufficient evidence for a jury to convict BARD. I hope they are paying attention and understand the seriousness of the law. Jmo


I think it would have probably been denied, but they should tried to move this out of NYC. It could take just 1 or 2 people who have been afraid of a homeless person while riding the subway to convince the rest that this was justified.
 
  • #542
I think it would have probably been denied, but they should tried to move this out of NYC. It could take just 1 or 2 people who have been afraid of a homeless person while riding the subway to convince the rest that this was justified.
I disagree, as a regular NYC subway rider myself. Yes, I've been on trains with scary situations, but never once wanted an unhinged person harmed or killed.

And, to be clear, it's not homeless passengers who pose a threat but mentally unstable passengers, whether they are homeless or not.

jmo
 
  • #543
I think it would have probably been denied, but they should tried to move this out of NYC. It could take just 1 or 2 people who have been afraid of a homeless person while riding the subway to convince the rest that this was justified.
imo
The prosecution will again make it very clear to the jury at closing justas they did in their opening that passenger's fear was justified and even DP's chokehold.
Where the manslaughter 2 and negligent homocide charges begin is when there were no passengers left on the train, about 30 secs into the chokehold so no one was in danger,
We know and saw what happened to JN by 3men after that.
 
  • #544
I disagree, as a regular NYC subway rider myself. Yes, I've been on trains with scary situations, but never once wanted an unhinged person harmed or killed.

And, to be clear, it's not homeless passengers who pose a threat but mentally unstable passengers, whether they are homeless or not.

jmo

Key word there in your post, to me was "Wanted " RBBM

I believe that Daniel Penny did not 'want' to harm or kill anyone that day either. I believe he 'wanted' to stop someone else ( JN ) from harming or killing. But, that's just me
 
  • #545
Key word there in your post, to me was "Wanted " RBBM

I believe that Daniel Penny did not 'want' to harm or kill anyone that day either. I believe he 'wanted' to stop someone else ( JN ) from harming or killing. But, that's just me
<modsnip>

I was responding to the idea that a jury would be tainted by New Yorkers who thought Penny's actions were justified, and as a local, I don't see that sentiment around me. No, we don't want to be hurt on subways (!), but the general desire, in my observation, is that mentally unstable people get help, have a place to go, are not using subways as sanctuary in the midst of mental-health crisis, etc. There isn't a desire or support for random people to subdue, harm, and kill others.

Yes, in the moment, I'm sure passengers on that car wanted to escape the threat. And they did.

jmo
 
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  • #546
<modsnip>

I was responding to the idea that a jury would be tainted by New Yorkers who thought Penny's actions were justified, and as a local, I don't see that sentiment around me. No, we don't want to be hurt on subways (!), but the general desire, in my observation, is that mentally unstable people get help, have a place to go, are not using subways as sanctuary in the midst of mental-health crisis, etc. There isn't a desire or support for random people to subdue, harm, and kill others.

Yes, in the moment, I'm sure passengers on that car wanted to escape the threat. And they did.

jmo
I've never seen anyone suggest they believe or support such a horrible thing.
Supporting DP's heroic actions to protect the innocent people on that train that day, does not mean anyone's supporting JN's tragic and unfortunate death, during that altercation. I think it's important to make that distinction.

jmo
 
  • #547
IMO it would be hard for the average subway rider to know the difference between someone with a mental health crisis vs. a person intending harm.

IMO we have no way of knowing that JN DIDN’T intend harm that day.

IMO it’s a tragic accident.
 
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  • #548
IMO it would be hard for the average subway rider to know the difference between someone with a mental health crisis vs. a person intending harm.

IMO we have no way of knowing that JN DIDN’T intend harm that day.

IMO it’s a tragic accident.
There are enough examples of homeless or mental health crisis or drug dependent persons causing injury or death that you can’t be sure that in any given situation someone threatening violence won’t commit it.

No one knows what JN would have done if he hadn’t been stopped.

JMO
 
  • #549
I think it would have probably been denied, but they should tried to move this out of NYC. It could take just 1 or 2 people who have been afraid of a homeless person while riding the subway to convince the rest that this was justified.
Sorry, I had a personal encounter with an aggressive homeless person on the street myself just weeks ago. He was offended that I had moved away from him and tried to call me back to confront me. You will never convince me that killing Neely was justified. And I was scared.
 
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  • #550
There are enough examples of homeless or mental health crisis or drug dependent persons causing injury or death that you can’t be sure that in any given situation someone threatening violence won’t commit it.

No one knows what JN would have done if he hadn’t been stopped.

JMO
And I think people could have moved to other cars to avoid him and that he didn't need to be put into a choke hold. This was murder in my opinion, not a "tragic death".
 
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  • #551
Key word there in your post, to me was "Wanted " RBBM

I believe that Daniel Penny did not 'want' to harm or kill anyone that day either. I believe he 'wanted' to stop someone else ( JN ) from harming or killing. But, that's just me
I disagree. I see Penny as a vigilante, wannabe hero, <modsnip: Leave race out of this discussion>
 
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  • #552
And I think people could have moved to other cars to avoid him and that he didn't need to be put into a choke hold. This was murder, not a "tragic death".
The charges are manslaughter and criminally negligent homicide. Just to be accurate.
 
  • #553
Key word there in your post, to me was "Wanted " RBBM

I believe that Daniel Penny did not 'want' to harm or kill anyone that day either. I believe he 'wanted' to stop someone else ( JN ) from harming or killing. But, that's just me
BBM:
DP achieved that after taking JN down and 30 sec later the subway car made its scheduled stop and all the passengers exited except DP and the 2 men who helped him hold JN down.

That is the cut-off line and what took place after that led to JN's death and DP being criminally charged.
 
  • #554
I disagree. I see Penny as a vigilante, wannabe hero, <modsnip: Leave race out of this discussion>
We do know what DP thought of JN when he told detectives " he's just a crackhead, you know what I mean?"

@ 1:11 in police video

 
  • #555
IMO:
Since JN was brain dead when LE arrived just what was CPR and a defibrillator capable of doing if given immediately and the proper way?


I'm not being insensitive to JN or his family when I say for his sake it was blessing he wasn't able to be brought back.
Again, I will disagree with JN being brain dead when LE arrived. There is no clinical proof that he was brain dead, and I don't believe you can determine without a doubt (which is the language for determining guilt) that seeing a video is proof.
 
  • #556
Again, I will disagree with JN being brain dead when LE arrived. There is no clinical proof that he was brain dead, and I don't believe you can determine without a doubt (which is the language for determining guilt) that seeing a video is proof.
I agree with you.
 
  • #557
Sorry, I had a personal encounter with an aggressive homeless person on the street myself just weeks ago. He was offended that I had moved away from him and tried to call me back to confront me. You will never convince me that killing Neely was justified. And I was scared.
I don't understand why anyone would consider a person who is aggressive to not be a threat. How did you know he didn't have means to harm you? This is the exact reason why DP stepped into action to defuse the threat that Neeley clearly shouted when he entered the subway. As a woman, I'm shocked that I should be required to wait until attacked. Nonsense, I want someone, to recognize a threat to me and to act. JMO
 
  • #558
I don't understand why anyone would consider a person who is aggressive to not be a threat. How did you know he didn't have means to harm you? This is the exact reason why DP stepped into action to defuse the threat that Neeley clearly shouted when he entered the subway. As a woman, I'm shocked that I should be required to wait until attacked. Nonsense, I want someone, to recognize a threat to me and to act. JMO
I didn't say that he wasn't a perceived threat. The solution is to move away- NOT perform a lethal choke hold and play vigilante. I was able to dodge my aggressor by simply ducking into a public food court. PS, I'm female too. My avatar is of my murdered cousin, who was male.
 
  • #559
<modsnip>

I was responding to the idea that a jury would be tainted by New Yorkers who thought Penny's actions were justified, and as a local, I don't see that sentiment around me. No, we don't want to be hurt on subways (!), but the general desire, in my observation, is that mentally unstable people get help, have a place to go, are not using subways as sanctuary in the midst of mental-health crisis, etc. There isn't a desire or support for random people to subdue, harm, and kill others.

Yes, in the moment, I'm sure passengers on that car wanted to escape the threat. And they did.

jmo
But you have not accounted for the people who would get on after. If I'm a tourist, what does it matter if others exited before I entered, and Neeley was still there screaming?
 
  • #560
But you have not accounted for the people who would get on after. If I'm a tourist, what does it matter if others exited before I entered, and Neeley was still there screaming?
If he were screaming, which he clearly wasn't because he was unconscious, I wouldn't be boarding that car, I'd step back and take the next train.
 
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