Homeless black man recorded while being choked to death on New York Subway (trigger warning) #jordanneely

[mattw1313]

You can’t prove murder



They can’t prove he meant to kill him based on that video and what we heard they would lose. Meanwhile props to them for not going for negligent homicide which would be he easier one to prove but only has a 1-4 year sentence maximum. This is going to be a high profile case and outside money through either rich donors or gofundme is going to get Penny a great lawyer. The DA is going to have go out there an show he fukked up royally doing a 15 chokehold because he should have known that would kill someone and hope the jury holds him accountable.

you're an idiot

NY Penal Law § 125.25: Murder in the second degree
If you intentionally or recklessly cause the death of another person, you could face a homicide charge. There are several different offenses in the New York criminal code related to taking the life of another person including homicide, manslaughter and murder. Of all of the crimes related to homicide, the most serious are murder in the first degree, murder in the second degree, and aggravated murder. Each is a class A-I felony, meaning that if you are convicted you could be sentenced to life in prison. Under New York Penal Law § 125.25, you could be prosecuted for murder in the second degree if you:

1. Intentionally caused the death of another person,
2. Recklessly caused the death of another person under the conditions that showed that you had a depraved indifference for human life,




DEPRAVED INDIFFERENCE TO HUMAN LIFE refers to a
person’s state of mind in recklessly engaging in conduct which
creates a grave risk of death.8
A person has a depraved
indifference to human life when that person has an utter disregard
for the value of human life – a willingness to act, not because he
or she means to cause grievous harm [to the person who is
killed], but because he or she simply does not care whether or not
grievous harm will result.9
In other words, a person who is
depravedly indifferent is not just willing to take a grossly
unreasonable risk to human life - - that person does not care how
the risk turns out.

 

[Wargames]

you're an idiot

NY Penal Law § 125.25: Murder in the second degree
If you intentionally or recklessly cause the death of another person, you could face a homicide charge. There are several different offenses in the New York criminal code related to taking the life of another person including homicide, manslaughter and murder. Of all of the crimes related to homicide, the most serious are murder in the first degree, murder in the second degree, and aggravated murder. Each is a class A-I felony, meaning that if you are convicted you could be sentenced to life in prison. Under New York Penal Law § 125.25, you could be prosecuted for murder in the second degree if you:

1. Intentionally caused the death of another person,
2. Recklessly caused the death of another person under the conditions that showed that you had a depraved indifference for human life,

First off the top fukk you,

Second https://www.nycourts.gov/judges/cji/2-PenalLaw/125/125-25(1).pdf

You quoted a damn defense lawyer’s website and its a blurb of gibberish designed to get clients through SEO. NY Penal Law § 125.25: Murder in the second degree

I know everyone wants murder but that is not how the law works. How are they going to prove he intended to kill him when the damn witnesses all said “we didn’t think he was going to die”. If you make this into a case of intent and malice the defense is going to bring up all those people who watched and have them testify they didn’t think he was going to die and they can squeeze in shyt like “Penny was just trying to restrain him” and also say “Penny didn’t think he was going to die just like the witnesses, he was just restraining him”. They bring in the guy helping to hold him down too and can ask did he hold Neely down thinking he was going to die? This isn’t a case where you want to bring in people’s mindsets, there is a bias against the homeless and they get to bring up what happened before the chokehold. Going for Murder is a overcharge and if the DA did that they would lose this case.

If the DA makes this about manslaughter what Penny is thinking doesn’t matter. The whole case is based on the act itself. All they got to do is prove he was trained to do chokeholds in the army and that training should have informed him enough to know a 15 minute chokehold would kill Neely.

That Reckless charge you mentioned is if say you owned a construction company and cut corners and it led to a building collapsing and killing people. You knew the building could collapse and you still cut corners. Most deaths related to random street fights are prosecuted as manslaughter as long as a weapon wasn’t used. When a weapon is used they bump it up to second degree murder because using a weapon is a depraved indifference to human life. That is like shooting up a house when you know people are inside. You know people could be killed and you don’t give a fukk.

 

[Mike809]

I don't see this dude doing any time. Seems like witnesses are going to vouch for him , and his lawyers are going for the self-defense angle.

maybe ill be proven wrong though.

edit: I also wonder if they going to charge the other dudes that helped him hold Jordan down.

 

[Ethnic Vagina Finder]

I don't see this dude doing any time. Seems like witnesses are going to vouch for him , and his lawyers are going for the self-defense angle.

maybe ill be proven wrong though.

But how are you defending yourself vs a limp body?

 

[ORDER_66]

I don't see this dude doing any time. Seems like witnesses are going to vouch for him , and his lawyers are going for the self-defense angle.

maybe ill be proven wrong though.

edit: I also wonder if they going to charge the other dudes that helped him hold Jordan down.

How can it be self defense if he strangled a man to death on video?!?!

 

[Mike809]

But how are you defending yourself vs a limp body?

According to what I been reading , he didnt hold dude for 15 minutes ...that's just how long it took the EMT to reach them.

Once the jury are told that Jordan had an active felony assault charge , and he was yelling in the train :

“He said, ‘I don’t care. I’ll take a bullet, I’ll go to jail’ because he would kill people on the train,” the woman said of Neely. “He said ‘I would kill a motherf—er. I don’t care. I’ll take a bullet. I’ll go to jail.’”

that jury just going to remember all the times they been on a train and some homeless dude made them scared/uncomfortable.

if he is charged and found guilty, dude will probably just do a year or two.

 

[Wargames]

According to what I been reading , he didnt hold dude for 15 minutes ...that's just how long it took the EMT to reach them.

Once the jury are told that Jordan had an active felony assault charge , and he was yelling in the train :



that jury just going to remember all the times they been on a train and some homeless dude made them scared/uncomfortable.

if he is charged and found guilty, dude will probably just do a year or two.

Looking into it, you are right it it was at least 3 minutes of a chokehold. They got to prove he was trained to not do 3 minutes of a chokehold and that he didn’t let go until after Neely stopped breathing.

I think the witnesses aren’t all automatically backing Penny.

 

[Paper Boi]

after reading more , that cac should be charged with Second-degree murder



Second-degree murder refers to acts of intentional killing of another person that is not premeditated, such as killing someone during a fight. You can still receive a long prison sentence for second-degree murder, but these cases usually do not involve malice.

What Is Second Degree Manslaughter?

Second degree manslaughter is the killing of another person. Click here to learn more about the differences bertween murder, manslaughter, and homicide.

www.mylawquestions.com

agree

 

[Unknown Poster]

The racist black crime statistics guy couldn't even hold it in anymore.

tweeted and deleted.

 

[Lord-Yosh]

They trying to give that CAc a low bail and a year sentence

But these dumb nikkas keep talking about over charging when in fact they're under charging him. Weak nikkas like the DA n mayor gotta go.

 

[Hoshi_Toshi]

former marine to be charged

Daniel “the marine” penny in court today

Marine veteran makes court appearance

Danny (marine veteran that killed bin Laden and saved America) has been charged

Heroic marine veteran charged in killing of homeless man



Disgusting. The media sucks sometimes

 

[Supa]

There's another video with someone stepping onto the train and telling Penny to let him go because he was going to kill him. He also told him to let go because Neely had defecated himself. The chokehold was held for 45 seconds after Neely went limp.

A conviction should be a layup.

 

[OnFleekTing]

They keep calling dude a former marine like the impetus behind that isn't obvious

What does he do currently stop stolen valor fishing for sympathy


The media is shameless with how they coddle these white murderers

 

[tremonthustler1]

former marine to be charged

Daniel “the marine” penny in court today

Marine veteran makes court appearance

Danny (marine veteran that killed bin Laden and saved America) has been charged

Heroic marine veteran charged in killing of homeless man



Disgusting. The media sucks sometimes

the fact that he's a marine and he felt he needed to kill a mentally ill impersonator to defend people on a subway car that opens every 2-3 minutes tells me he's a p*ssy ass marine.

Here's the wild scenario that's very plausible where all of this woulda got swept under the rug.


If he straight up punched Neely in the face and knocked him out cold, everyone woulda felt he resolved the situation, nobody's gonna tell on him cuz fukk if anyone's gonna stop their day over a homeless dude getting punched out and Neely wouldn't have died. It woulda been a messed up day for him, but he woulda went back to doing what he was doing because he's probably had worse done to him over the span of his time in the street. Sad, but true. Killing him makes the marine look weak, but he on the F train in lower Manhattan. Nothing but pussies on that train anyway.

 

[3rdWorld]

I don't see this dude doing any time. Seems like witnesses are going to vouch for him , and his lawyers are going for the self-defense angle.

maybe ill be proven wrong though.

edit: I also wonder if they going to charge the other dudes that helped him hold Jordan down.

His legal team problem is that he's an active military professional with various forms of training under his belt..

He will be judged based upon the fact he is meant to understand more than anyone else the limits of force acting upon a human body to achieve either a subdue or death.

The severity of the final outcome must measure up to the severity of the first act.
Did he wrestle a man waving a knife or gun?

He saw a golden opportunity when he saw a vulnerable Black man behaving erratically and he went in for the kill..same as the police do.