Daniel Penny Trial

[gatomontes99]

It is starting to look like a hung jury will be the result. The jury has apparently told the judge they cant come to a unanimous decision and the judge is considering the next move.

 

 

[User]

That is more promising than finding him guilty at least. This is New York and you are almost certainly going to have some woke left winger on that jury who sees a white man killing a black man and nothing else. 

The only downside is that they will almost certainly prosecute him again, because why not. They are the state and they have all the power and money to do it again just to punish him with the process. 

Meanwhile, the same prosecutor on this case sympathized with a ATM robber that killed an old man and help give him a reduced sentence... 

Tired of this left-wing backward madness. 

[gatomontes99]

58 minutes ago, User said:

That is more promising than finding him guilty at least. This is New York and you are almost certainly going to have some woke left winger on that jury who sees a white man killing a black man and nothing else. 

The only downside is that they will almost certainly prosecute him again, because why not. They are the state and they have all the power and money to do it again just to punish him with the process. 

Meanwhile, the same prosecutor on this case sympathized with a ATM robber that killed an old man and help give him a reduced sentence... 

Tired of this left-wing backward madness. 

Yeah. Isn't that such an upside down opinion? She has sympathy for a guy that killed someone during the commission of a felony but has no sympathy for a man that protected an entire subway car of people from someone having an episode.

 

[CouchPotato]

I really hope he gets off, but even if he does this is still terrible. Why would anyone want to protect innocent people ever again?

[NAME REMOVED]

Just now, CouchPotato said:

I really hope he gets off, but even if he does this is still terrible. Why would anyone want to protect innocent people ever again?

Penny used excessive force, to the point others were pleading with him to release him from the choke-hold he had applied. We have to look at the facts of the case, and not go by emotions. The facts suggest a manslaughter conviction at the very minimum. 

[User]

27 minutes ago, DUI_Offender said:

Penny used excessive force, to the point others were pleading with him to release him from the choke-hold he had applied. We have to look at the facts of the case, and not go by emotions. The facts suggest a manslaughter conviction at the very minimum. 

Penny restrained the man for as long as it took police to arrive, which was not excessive force. 

Those are the facts of the case. 

[ironstone]

A tale of two cases. In this other one, a man felt threatened on the subway and stabbed another person to death.

 

[gatomontes99]

It sounds like the prosecution has requested dismiss manslaughter. 

[NAME REMOVED]

38 minutes ago, User said:

Penny restrained the man for as long as it took police to arrive, which was not excessive force. 

Those are the facts of the case. 

I've heard and seen the video. The offender was completely limp, and passengers were pleading with Penny to release the hold. He continued to apply the hold for nearly a full minute, after Neely went limp. Obviously, Penny did not intent to kill Neely, but a case can be made that he acted irresponsibly enough to cause Neely's death. 

[User]

2 minutes ago, DUI_Offender said:

I've heard and seen the video. The offender was completely limp, and passengers were pleading with Penny to release the hold. He continued to apply the hold for nearly a full minute, after Neely went limp. Obviously, Penny did not intent to kill Neely, but a case can be made that he acted irresponsibly enough to cause Neely's death. 

I have heard and seen the video. He was only limp at the very end, he was struggling before that. Passengers were also there helping hold him down and said Penny was not squeezing his neck. 

The "hold" was Penny merely being behind him with his arm around his neck area. 

The case can be made the guy was crazy, hopped up on drugs, and his flailing around excessively led to his death. 

This is a BS case. It was self defense. 

[CdnFox]

2 hours ago, CouchPotato said:

I really hope he gets off, but even if he does this is still terrible. Why would anyone want to protect innocent people ever again?

This is something you see in both Canada and America, it's known as punishment by process. Police and prosecutors proceed with charges even if they know that the person will not be found guilty in the end because making them go through the effort of defending themselves is so horrific that even if they get off it will deter other people from the same behavior.

And the lefts love of weaponizing the courts continues apace

[User]

Hung Jury on the Manslaughter Charges... those are dismissed. Now they move on to Negligent homicide. 

If someone thought he was guilty of manslaughter, they certainly think he is guilty of the lesser charge. So, this is either going to be a hung jury or whatever holdouts they had on manslaughter will agree with this. 

 

[User]

Oh crap, this is worse than I thought, reading some legal analysis on this... it looks like if the Judge dismissed the first charge, then that allows them to consider the second charge. 

This might be illegal and they are saying it is a desperate plot to allow them to consider the lesser charge because if they got a verdict on the first then they don't consider the second. 

Interesting. 

[gatomontes99]

Just now, User said:

Oh crap, this is worse than I thought, reading some legal analysis on this... it looks like if the Judge dismissed the first charge, then that allows them to consider the second charge. 

This might be illegal and they are saying it is a desperate plot to allow them to consider the lesser charge because if they got a verdict on the first then they don't consider the second. 

Interesting. 

It's weird for sure. But someone in there thinks he's innocent. So it may be hard to get anything more than a hung jury.

[User]

2 minutes ago, gatomontes99 said:

It's weird for sure. But someone in there thinks he's innocent. So it may be hard to get anything more than a hung jury.

Well, innocent on manslaughter... but negligent homicide has a lesser bar to cross. I hope whomever on the jury didn't agree with manslaughter also agrees it was not neglient homicide. 

But there is almost no chance he is acquitted now, the best he can hope for is a hung jury. 

 

[Fluffypants]

3 minutes ago, gatomontes99 said:

It's weird for sure. But someone in there thinks he's innocent. So it may be hard to get anything more than a hung jury.

It could very well be all but one thinks he is innocent and that one is DUI_Offender. Just there pissing everyone off like he does here.

[NAME REMOVED]

4 minutes ago, Fluffypants said:

It could very well be all but one thinks he is innocent and that one is DUI_Offender. Just there pissing everyone off like he does here.

Actually, I look at it through the lens of the law. The problem with you and your MAGA sycophants, is that you cannot tolerate opposing viewpoints. That explains why you people cheer on fascism, and autocratic regimes. 

While you are at it, maybe you guys can find a tree and lynch the Central Park 5, while you are at it. 

[WestCanMan]

Some of the jurors no doubt believe:

• It's a white guy who killed a black guy, it had to be racism
• It's a white guy who killed a black guy, lock that whiteboy up!
• It's a white guy who killed a black guy, there will be riots if we find him innocent

Then again, you can see how people would be conflicted:

• Protecting people is dangerous, let's not discourage heroism
• Let's not make killing mentally unhealthy people a sport, or legal
• If people want to threaten other people's lives, they're taking a chance that someone's reaction might be harmful
• this guy had a long history of making these types of threats, so he should have been incarcerated

The letter of the law is just this:

• did the accused have reason to believe that there was a legitimate risk of serious harm or death to himself or others?
• did he act within reason to defend himself/other people from harm?

Objectively, the above 2 questions are all that matter. 

Penny has lots of witnesses to the death threats, and that people credibly felt threatened. Restraining the guy was definitely a legitimate reaction. It's all going to come down to how long he had him in the chokehold, especially after the guy stopped offering resistance. It comes down to seconds-after-resistance imo. 3 is ok, 10 is really extreme, 30 is definitely murder. All I would really want to see if I was a juror was the level of threats before the altercation, and how long he was being choked once resistance became very low to none. 

[West]

This is crazy how a guy who should be given honor as a hero is now being crucified by the vile wokeys. Just makes you realize how demented the left is where they want to throw people in jail for the crime of preventing violence toward innocent people. Very sad 

[Fluffypants]

8 hours ago, West said:

This is crazy how a guy who should be given honor as a hero is now being crucified by the vile wokeys. Just makes you realize how demented the left is where they want to throw people in jail for the crime of preventing violence toward innocent people. Very sad 

Is that really shocking you are talking about a group who were mad because the assassin didn't kill Trump and cheered when a CEO was assassinated.

What is interesting though is the judge has opened the door to getting smacked down on appeals if Perry is convicted of negligent homicide because in his original instructions to the jury was that negligent homicide could only be considered if they found Perry not guilty on manslaughter. When he dismissed the case he changed the rules and you can't do that and could be viewed as coming afoul of Perry's due process rights.

 

[Nationalist]

17 hours ago, DUI_Offender said:

I've heard and seen the video. The offender was completely limp, and passengers were pleading with Penny to release the hold. He continued to apply the hold for nearly a full minute, after Neely went limp. Obviously, Penny did not intent to kill Neely, but a case can be made that he acted irresponsibly enough to cause Neely's death. 

The case was made...and a NY jury could not come to a decision. Need a tissue?

[NAME REMOVED]

Judge in Daniel Penny case dismisses manslaughter charge

A judge presiding over the trial of Daniel Penny, a former Marine accused of choking a homeless man to death on a New York City subway, has dismissed a charge of second-degree manslaughter against him, after jurors failed to reach an agreement.

New York jurors still have one less severe charge of criminally negligent homicide to consider.

On the fourth day of deliberations, the 12 jurors sent two notes saying they were "unable to come to a unanimous vote" on the first count, which would be required for a conviction.

The judge sent them back to try again, but they still could not agree, prompting prosecutors to ask the judge to dismiss the manslaughter count.

 

source: https://www.bbc.com/news/articles/cn4xxz19m27o

[User]

1 minute ago, DUI_Offender said:

Judge in Daniel Penny case dismisses

Thanks for showing up a day late to post what we already know and were talking about. 

[NAME REMOVED]

6 minutes ago, User said:

Thanks for showing up a day late to post what we already know and were talking about. 

[West]

Alvin Bragg is behind this nonsense..not surprised