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Marine Veteran Charged In NYC Chokehold Death — Everything We Know So Far

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•
May 15, 2023
by
Law&Crime Sidebar Podcast
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Marine Veteran Charged In NYC Chokehold Death — Everything We Know So Far

TL;DR

Marine veteran Daniel Penny is facing second-degree manslaughter charges for choking Jordan Neely to death on a New York City subway train, sparking debates about self-defense and excessive force.

Transcript

putting the politics aside we break down the major legal case of Daniel Penny the man who killed Jordan Neely on a New York City subway train former Watergate prosecutor and assistant U.S attorney for the southern district of New York Nick Ackerman comes on to discuss whether this is a strong case I want to get into this story out of New York city ... Read More

Key Insights

  • 🚂 The case requires a factual examination of what transpired on the subway train to determine the appropriate charge and potential criminal liability.
  • 🥺 Witness testimonies will play a crucial role in understanding the circumstances leading to Neely's death and whether Penny's actions were justified.
  • 🧑‍🏭 The defense may argue that Penny, acting as a private citizen with no formal training, did what he believed was necessary to subdue a perceived threat.
  • 🧑‍🏭 The duration of the chokehold is a critical factor, with a longer duration potentially weakening Penny's defense.
  • ❓ Neely's mental illness and prior arrests are likely irrelevant unless Penny had prior knowledge of them.
  • 🫥 The case has sparked debates about self-defense, excessive force, and the line between citizen intervention and vigilante justice.
  • 💼 Bringing the case before a grand jury will provide a more thorough examination of the evidence and witnesses involved.

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Questions & Answers

Q: Was it unusual for the Manhattan DA's office to file a criminal complaint instead of taking the case to a grand jury?

No, it is not uncommon, especially in highly publicized cases. The decision gives the DA's office time to gather evidence and determine whether there is sufficient evidence for an indictment.

Q: How strong is the case against Daniel Penny?

The case hinges on whether Penny had a reasonable belief that Neely posed a risk to others on the train and if the force used was reasonable under the circumstances. More witness testimony and evidence are needed to reach a conclusion.

Q: Did Daniel Penny's knowledge of Jordan Neely's mental illness and prior arrests affect the charges?

No, Penny's knowledge is irrelevant, as the key consideration is whether he believed Neely to be a threat at that moment. However, if Penny's defense can argue that Neely's status as a danger to himself and others was known, it could support their case.

Q: Is second-degree manslaughter a suitable charge in this case?

Second-degree manslaughter requires proving that Penny knew the risks of his actions could result in serious injury or death and chose to disregard them. Whether the charge is appropriate or if other charges are warranted will depend on the evidence presented to a grand jury.

Summary & Key Takeaways

  • Jordan Neely, a homeless man with a history of mental illness and prior arrests, was choked to death by Daniel Penny, a marine veteran, on a New York City subway train.

  • Penny turned himself in and was charged with second-degree manslaughter, but the case has not yet been presented to a grand jury for an official indictment.

  • Witnesses claim that Neely was shouting, but it has not been reported that he physically attacked anyone before Penny approached him.


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