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Daniel Penny acquitted in the death of Jordan Neely

I fucking guarantee that if a black guy choked an erratic homeless vet to death, the legal outcome would be very different.

I wouldn't describe what happened as murder but it 100% fits the criteria of manslaughter.
 
"We just can't have civil discussions with liberals!
Not so much liberals, but fauxgressives. And unironically, yes. You can't have a civil discussion with them because they'll accuse you of being racist for disagreeing (see pood).
Anyway, this guy deserved to die."
Nobody is saying that Jordan Neely deserved to die. But Penny did not intend him to die - his death was due to the combination of the chokehold, Neely's intoxication with synthetic marijuana and his health issues. He was notably still alive when the paramedics arrived. And even the prosecution had no objection to Penny trying to restrain Neely:
NY Times said:
Prosecutors did not contest the likely motivation behind Mr. Penny’s actions. Dafna Yoran, an assistant district attorney, said during the trial that Mr. Penny’s initial efforts to restrain Mr. Neely might have been “even laudable.” Mr. Penny’s actions became criminal, prosecutors said, when he continued to hold Mr. Neely long after subway passengers had left the car and he was no longer an immediate threat.
In Penny Verdict, a Flashpoint in the Debate Over Crime and Mental Illness

Contrast that with the Luigi case - he murdered a man with malice aforethought, but many on the Left are praising the murderer and saying that the victim deserved to die. Nothing like that was happening here. So I think you are projecting.
 
I fucking guarantee that if a black guy choked an erratic homeless vet to death, the legal outcome would be very different.
I agree. Alvin Bragg and his chipmunks would almost certainly not have prosecuted.
I wouldn't describe what happened as murder but it 100% fits the criteria of manslaughter.
No, it doesn't.
 
But he didn't break an old lady's face.
You misspelled "did".
NY Post said:
Jordan had also racked up numerous arrests, including a 2021 incident in which he hit an older woman on the head and landed himself in jail for over a year. The victim, 67, fell when Jordan punched her on Nov. 12, 2021, and broke her nose, fractured her orbital bone and suffered serious bruising and swelling, charging documents said.
Who was Jordan Neely? What we know about the man killed in NYC subway chokehold
Just a year for aggravated assault and battery? With priors for assaulting people?

And for that he is dead.
He is not dead for that. He is dead because of some bad luck. Different things - the restraint (for which he, Neely, is responsible for due to his own actions), Neely being high on synthetic cannabinoids, Neely having sickle cell trait (which can manifest in symptoms under hypoxia or exertion, including sudden death) all combined to him losing his life. He did not deserve to die, of course, but nobody intended him to die either.
 
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Drunk drivers are often convicted of manslaughter. They rarely intend the death of their victims. Bad luck you might say. But drunk drivers have made a reckless decision which lead to a deadly outcome. Kind of like how choosing to employ a deadly choke-hold is a reckless decision which can lead to a deadly outcome.
 
But he didn't break an old lady's face.
You misspelled "did".
NY Post said:
Jordan had also racked up numerous arrests, including a 2021 incident in which he hit an older woman on the head and landed himself in jail for over a year. The victim, 67, fell when Jordan punched her on Nov. 12, 2021, and broke her nose, fractured her orbital bone and suffered serious bruising and swelling, charging documents said.
Who was Jordan Neely? What we know about the man killed in NYC subway chokehold
Just a year for aggravated assault and battery? With priors for assaulting people?
Well, you are celebrating someone getting no time for criminally negligent homicide. You really can't have it both ways.
 
Well, you are celebrating someone getting no time for criminally negligent homicide. You really can't have it both ways.
Neither Derec nor I is doing that.
We are glad that a hero is not being further punished for protecting the other passengers as best he could. Neely is entirely responsible for the criminal behavior here. He could have prevented the whole mess, nobody else present could have.
Tom
 
We are glad that a hero is not being further punished for protecting the other passengers as best he could. Neely is entirely responsible for the criminal behavior here. He could have prevented the whole mess, nobody else present could have.
It is a fact that Mr. Neely was not attacking anyone. No one is entirely responsible for the choices other people make. And it is delusional that only Mr Neely could have prevented the whole mess because the entire mess would have been prevented if Mr Penny did not put him in a chokehold or if other passengers helped restrain Mr. Neely or if Mr Penny had loosened the chokehold when the train stopped or any other possibilities. Hence, your characterization of the situation is warped.

IM, it is a sick world we live in when people like Mr. Penny are described as a "hero".
 
Well, you are celebrating someone getting no time for criminally negligent homicide. You really can't have it both ways.
The only person I see trying to have it both ways here is you.

Anyway, a jury of his peers found him not guilty. They heard and saw all the evidence. I won’t gainsay their judgment.
And yet you did. Derec is celebrating someone getting no time for not committing criminally negligent homicide.
 
Drunk drivers are often convicted of manslaughter. They rarely intend the death of their victims. Bad luck you might say. But drunk drivers have made a reckless decision which lead to a deadly outcome. Kind of like how choosing to employ a deadly choke-hold is a reckless decision which can lead to a deadly outcome.
Actually, your analogy fits better in justifying the killing of a drunk person who was about to get in his car... via a chokehold.
 
Was his only ability of restraining the guy a chokehold?
What do you suggest when a violent subway rider starts causing trouble for the peaceful and civil riders? Why didn't the people who know Neely provide enough information for Penny to deal with the problem in a better way?

Have you ever had to deal with a crazy person who poses a threat to the folks around you, without knowing anything about the threat?
As noted, I rode many subways while in NYC. The mentally ill are not uncommon on the subway. No one needed to be restrained or killed in the process of being restrained any of the times I rode the subway. While with my daughter in Chicago, a guy yelled a few things which definitely got my attention, a bit more muttering, and then nothing else happened. In "the City", you always need to be on guard. Criminals, the mentally ill, religious nuts, NY Jets fans. Never needed to lift a finger though, as nothing ever happened. link
article said:
During the trial, Penny’s attorneys told jurors that he stepped in because he believed Neely might attack other passengers and he intended only to restrain him until police arrived, which Penny also told police. They also argued that Neely was not killed by the chokehold and that it was impossible to measure how much pressure Penny had applied.
Neely didn't attack anyone. The defendant presumed the man would attack. I'm not going to rush and call this guy a "hero" for preventing an attack that might very well never have occurred.

In no way do I think this person intended to kill the guy. Much like in no way do I think this guy was adequately trained to assess a situation on the fly, de-escalate a situation, or restrain someone with force. A chokehold for 6 minutes?! I don't think prison is right for the defendant, but he owes the community something or at least should.
 
Well, you are celebrating someone getting no time for criminally negligent homicide. You really can't have it both ways.
The only person I see trying to have it both ways here is you.

Anyway, a jury of his peers found him not guilty. They heard and saw all the evidence. I won’t gainsay their judgment.
And yet you did. Derec is celebrating someone getting no time for not committing criminally negligent homicide.
Derec is celebrating someone getting no time for killing a person who wasn't an imminent threat to anyone by negligently using a chokehold.

It sounds different the way it is worded, doesn't it.
 
Well, you are celebrating someone getting no time for criminally negligent homicide. You really can't have it both ways.
The only person I see trying to have it both ways here is you.
I have no idea what you are talking about. Show your work.
Anyway, a jury of his peers found him not guilty. They heard and saw all the evidence. I won’t gainsay their judgment.
And yet you did.
No, I did not. Show your work.


 
Neely didn't attack anyone.
BS. He might not have punched someone (yet) like he did on several prior occasions, but he did throw trash at passengers while making threats.
The defendant presumed the man would attack. I'm not going to rush and call this guy a "hero" for preventing an attack that might very well never have occurred.
Note that not even the prosecution found fault with the initial restraint. So Alvin Bragg's office acknowledged that Neely presented sufficient threat to justify that level of force.
In no way do I think this person intended to kill the guy. Much like in no way do I think this guy was adequately trained to assess a situation on the fly, de-escalate a situation, or restrain someone with force. A chokehold for 6 minutes?! I don't think prison is right for the defendant, but he owes the community something or at least should.
Neely was resisting, so I do not think the he was in active chokehold for six consecutive minutes.
Note also the contribution of his intoxication (synthetic cannabinoids, which can lead to tachycardia, arrythmia and other cardiovascular sympytoms according to this) and health issues (sickle cell trait). Sickle cell trait is usually asymptomatic, but the person still has a mixture of regular hemoglobin and defective HbS. Under exertion, like resisting being restrained, deaths have occurred according to the StatPearls article. Neely died due to a combination of health issues, intoxication and being restrained.
 
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Derec is celebrating someone getting no time for killing a person who wasn't an imminent threat to anyone by negligently using a chokehold.
I am not celebrating. But I do think Penny should not have been charged. Neely did pose a threat, and even the Manhattan DA's office conceded that the restraint was justified.
About the chokehold itself, I do not think it would have been deadly had Neely not have SCT and high on synthetic cannabinoids. It's kind of like tasers - most people survive being zapped just fine, but some do not.
I think Manhattan DA's office is too aggressive with cases like this, while being too lenient on other cases like armed robberies, thefts or assaults like the ones Jordan Neely perpetrated.
Penny is not the only such case. Bragg wanted to prosecute bodega worker Jose Alba who defended himself from assault by a career criminal.
Bodega Clerk Who Fatally Stabbed Man Will Not Face Charges
Poor guy spent weeks in Riker's even though he did nothing wrong.
And you better believe that Trump made hay out of this incident. Between stuff like this and selective prosecution for a felony misdemeanor, Bragg singlehandedly did more to reelect the Orange Menace than almost any other single person. SMH.
It sounds different the way it is worded, doesn't it.
Well, yeah. If you word it inaccurately, it will sound different.
 
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Well, you are celebrating someone getting no time for criminally negligent homicide. You really can't have it both ways.
Whether it was criminally negligent homicide was a matter for the court. It found Penny not guilty on that charge. What's your point?
 
Well, you are celebrating someone getting no time for criminally negligent homicide. You really can't have it both ways.
Whether it was criminally negligent homicide was a matter for the court. It found Penny not guilty on that charge. What's your point?
JH made the same point but better worded.
 
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