Daniel Penny Jury Got It Wrong: Evidence Shows Guilt

Examining the Case: Arguments for Daniel Penny's Guilt in the Death of Jordan Neely

The trial of Daniel Penny, a former Marine charged with manslaughter and criminally negligent homicide in the death of Jordan Neely, has been a focal point of public attention and legal scrutiny. While Penny was ultimately found not guilty on December 9, 2024, it's important to examine the arguments and evidence that were presented by the prosecution to understand the complexities of the case and the reasons why some believe Penny should have been held accountable.

Background of the Case

On May 1, 2023, Jordan Neely, a 30-year-old homeless man, was killed after being placed in a chokehold by Daniel Penny on a New York City subway. Neely, known for his Michael Jackson impersonations, had a history of mental illness and erratic behavior. On the day of the incident, witnesses described Neely as acting aggressively and making threatening statements. Penny, a 26-year-old Marine veteran, intervened and restrained Neely in a chokehold for nearly six minutes, leading to Neely's death.

Prosecution's Arguments

The prosecution argued that Penny's actions were reckless and excessive, leading to Neely's death. Here are the key points presented by the prosecution:

1. Excessive Force: The prosecution contended that Penny used excessive force by maintaining the chokehold for an extended period, even after Neely had ceased to be a threat. They argued that Penny could have restrained Neely without causing his death. The city's medical examiner declared the chokehold to be the cause of Neely's death.

2. Lack of Immediate Threat: Prosecutors highlighted that Neely was not armed and did not pose an immediate threat to Penny or other passengers once he was subdued. They argued that Penny's continued use of the chokehold was unnecessary and demonstrated a disregard for Neely's life.

3. Medical Evidence: The prosecution presented medical evidence showing that Neely died from compression of the neck, which was consistent with the chokehold applied by Penny. This evidence was crucial in establishing the cause of death and linking it directly to Penny's actions.

4. Witness Testimonies: Several witnesses testified that Neely was subdued and no longer resisting when Penny continued to hold him in the chokehold. These testimonies supported the prosecution's argument that Penny's actions were excessive and unjustified.

Legal Standards and Charges

To convict Penny of criminally negligent homicide, the prosecution needed to prove that Penny caused Neely's death with criminal negligence and that his actions were not justified. Criminal negligence involves a failure to perceive a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Broader Implications

The case of Daniel Penny and Jordan Neely has raised significant questions about public safety, mental health, and the use of force. The trial highlighted the challenges faced by individuals with mental illness and the need for better support systems. It also underscored the importance of appropriate responses to perceived threats and the potential consequences of excessive force.

The case has divided Americans with some believing Daniel Penny is a hero and others saying Jordan Neely did not deserve to be killed. Those who argue that Penny is a hero are mostly from the right-wing conservative faction in American politics. They view Penny's action as self-defense and claim Neely was violent and a threat to people in New York City and deserved what he got. Those who support Neely say that he was homeless and simply asking for food and water. He had mental illness and often had outbursts due to a lack of medication and overall treatment. The city failed to help him. They claim he is also a victim.  

We are now in a situation where people are bringing in politics and race. On social media, we are already seeing people (mostly non-Hispanic white right-wingers) attack blacks claiming they are the cause of violence, and focus on Neely's criminal record assassinating his character to deflect from his mental illness, homelessness situation, and lack of help from the city of New York.  They even go to the irrational extreme of claiming drugs killed Neely or Floyd when they were walking about without issue until they met their deaths at the arms and knees of white men.  We also see people attack Daniel Penny because he is Caucasian calling his chokehold move on Neely a "lynching."  Threats are being made to do to him what he did to Neely.  Sadly, it has come to this. The racism is in fact clear as day.  We are seeing a white vs back narrative subliminally presented in the arguments on both sides. People are forgetting the facts of the story.  

• Did Neely deserve to be chokehold to death? 
• Did Daniel Penny and others do the right thing and did they act in self-defense?

Based on what we know, the answer to these are not so easy, but the law can help.  In New York and 14 other states, there is a duty to retreat clause. This means that citizens have a duty to escape or get away from a violent situation if the opportunity is there. If there is no option to retreat, then citizens can use force, even kill the assailant.  

The duty to retreat does not apply to citizens when they are at home in New York at home, place of work, and at the car in other states.  The law varies from state to state. This is why people need to educate themselves.  Many times people, particularly conservatives, think that it is okay to kill someone who attacks you. They claim it is a "right" to self-defense. This is not true. 

One cannot just kill an attacker and claim self-defense.  Since this case between Neely and Penny happened in New York City, we will focus on the law in New York State. You can read more about laws in other states here (https://reason.com/volokh/2020/12/21/duty-to-retreat-35-states-vs-stand-your-ground-15-states/).

In New York state, Article 35 of the penal code states:

  (c) The physical  force  involved  is  the  product  of  a  combat  by

agreement not specifically authorized by law.

  2.  A  person  may  not  use deadly physical force upon another person

under circumstances specified in subdivision one unless:

  (a) The actor reasonably believes that such other person is  using  or

about  to  use  deadly  physical  force. Even in such case, however, the

actor may not use deadly physical force if he or  she  knows  that  with

complete  personal safety, to oneself and others he or she may avoid the

necessity of so doing by retreating; except that the actor is  under  no

duty to retreat if he or she is:

  (i) in his or her dwelling and not the initial aggressor; or

  (ii) a police officer or peace officer or a person assisting a police

officer or a peace officer at the latter`s direction, acting pursuant to

section 35.30; or

  (b) He or she reasonably believes that such other person is committing

or attempting to commit a kidnapping, forcible rape,  forcible  criminal

sexual act or robbery; or

  (c) He or she reasonably believes that such other person is committing

or  attempting to commit a burglary, and the circumstances are such that

the use of deadly physical force is authorized by subdivision three of

section 35.20.

- https://ypdcrime.com/penal.law/article35.php   

So, as you read, there is a duty to retreat in New York State.  Daniel and the others had to retreat and not engage Neely unless there was no option to retreat. In light of this, Daniel Penny and the riders involved need to be charged for killing Jordan Neely. He broke the law (duty to retreat clause) of NY state. Screaming out for food, and water, or even throwing garbage does not warrant being choked to death.  Nor does having a criminal record.  Citizens cannot take the law into their own hands. This is not self-defense. Daniel and others had a duty to retreat.

Subway cars have end doors where people can move between cars.  They have emergency brakes that stop a moving train, allowing for exiting.  Attached are photos.  Moreover, cars have emergency windows that can be removed to exit.  There is no excuse.  The MTA offers guidelines here mentioning the emergency windows and how to exit a subway car, see: http://new.mta.info/document/76901.  If not charged, this will empower people to kill others for any outburst, whether mental illness-related or not. Even autistic people will be in danger depending on where on the spectrum they are and if this causes them to behave violently. People will kill others just for being bumped on a train, bus, or sidewalk.  We cannot have this in a civilized society where the rule of law supersedes.  Jordan Neely had a mental illness and was not helped. He could not help how he behaved due to it.  He did not deserve to be killed.  Attacking his character does nothing but turn the attacker into a despicable human being lacking morals and compassion.  Justice must be served.  The rule of law must matter.

In 2017, I served on a trial where a young man killed an elderly man with a metal pipe in the South Bronx (see: https://bronx.news12.com/jason-rivera-charged-in-death-of-80-year-old-manuel-rosario-at--york-grill-deli-34829640). In the video, we saw both men arguing. The young man walks out of the store and the elderly man goes to the back of the bodega and grabs a pipe going after the young man.  We see another cell video of both arguing outside and the young man hitting the elderly man with a pipe.  Many of the jurors thought the younger guy was defending himself. However, I brought up the duty to retreat clause and before deliberation, the judge told us the law.  

I remember this when studying paralegal in high school.  We did internships at the Bronx Court House on the Grand Concourse and 161st.  Like conservatives on social media, the jury I was with assumed the young guy was legitimately defending himself. However, this was not the case.  He had a duty to retreat. The elderly man was really no threat. He easily took the pipe away from him.  Therefore, the young man could have left with the pipe, tossed it aside and left, or simply just called 911 while holding the pipe and not engaging the elderly man. Instead, he took the pipe away and began to beat the elderly man fracturing his cheekbone and skull overall.  A few of the jurors got upset with me because I took the case seriously. They just wanted to issue a verdict and go back to their jobs. They were worried about not getting a paycheck. I was more concerned about justice. 

Two young Dominican guys were even making snarky remarks causing the older jurors to shake their heads in disbelief and call them out for their immaturity.  Anyhow, my delay in the deliberation worked and the right decision was made that even the judge, district attorney, and court officers applauded us. 

The other jurors pointed me out as the reason for delaying deliberations.   We ended up deciding a guilty verdict for manslaughter against the young man. He may have thought he was defending himself because the elderly man went after him with a pipe, but that was not self-defense.  He had a duty to retreat.  Similarly, Neely was not truly a threat. Screaming and crying out for food is not a threat.  It is a disturbance of the peace.  

Conclusion

While Daniel Penny was ultimately found not guilty, the arguments and evidence presented by the prosecution provide a compelling case for why some believe he should have been held accountable for Jordan Neely's death.  In my opinion, based on my juror experience, my legal studies and other cases, Daniel Penny is guilty.  Some are making the argument that Neely was threatening and that threats can result in the loss of your life under self-defense, but let us examine the law in NY.

In New York, the law surrounding self-defense is quite specific. Under New York Penal Law, you are allowed to use physical force to defend yourself or others if you reasonably believe it is necessary to prevent imminent harm. However, the use of deadly physical force is only justified under certain conditions.

Key Points of New York Self-Defense Law:

1. Reasonable Belief: You must have a reasonable belief that you or someone else is in imminent danger of being killed or seriously injured. This means that the threat must be immediate and not just a verbal threat without any accompanying physical aggression.

2. Imminent Threat: The threat must be imminent, meaning it is about to happen. If someone makes a threat but does not take any immediate action to carry it out, using deadly force may not be justified.

3. Proportional Force: The force used in self-defense must be proportional to the threat faced. Deadly force can only be used if there is a serious threat of death or serious physical injury.

4. Duty to Retreat: New York follows the "duty to retreat" principle, which means that if you can safely avoid the threat by retreating, you are required to do so before using deadly force. However, this duty does not apply if you are in your own home.

In summary, while you can use physical force to defend yourself if you believe you are in immediate danger, using deadly force is only justified if the threat is imminent and serious, and if you cannot safely retreat. It's always best to consult with a legal professional to understand the specifics of your situation. So as you can read, it is not black and white. One cannot say every threat is "imminent and serious" and one cannot immediately react physically. The situation must analyzed carefully. 

This is why this trial was not decided properly under the law. There was no justification for Daniel Penny killing Jordan Neely.  The jury simply did not take the case seriously or was coerced by social media to other parties.  The verdict simply does not make sense and invalidates NY State law. Because of this decision, it is open season now against the homeless, people with mental illness, or other disabilities which makes them prone to outbursts and emotional and mental episodes. 

I feel like going to the Bronx Criminal Court to talk to the judge in the case where I served as a juror in 2017. We decided on a guilty verdict for a young Hispanic man in his mid-20s who killed an older man after the older man confronted him with a metal pipe. After the Daniel Penny verdict, this young man should be freed. It is only fair. Unless there is one set of rules for non-Hispanic whites and another for African Americans and Hispanic Americans. 

The Abel Cedeno case needs a relook as well. He was 18 years old when he fought off two younger African American classmates who had bullied him for years or months. His mom complained but school officials did nothing. Abel complained, and the school ignored him. So one day, he brought a blade/knife to school. 

The bullies harassed him and assaulted him with paper balls, spitballs, and pencils and Abel snapped and confronted them and a fight broke out. One of the bullies got stabbed in the chest and later died. Abel, an LGBTQIA youth was arrested, charged, and sentenced to 14 years for manslaughter and 8 for assault. Daniel Penny kills Jordan Neely with a chokehold -his Marine instructor never taught him and who testified it was performed wrong- who was merely screaming that he was hungry and only had a muffin in his pocket and is exonerated.

Something is way off here where two young Hispanic men get imprisoned for literally defending themselves and a White non-Hispanic young male gets exonerated for attacking and choking a homeless man with mental illness to death who was simply having a mental health episode.

As stated, it is not open season one the homeless, etc.  We will see people killing each other now and crying out in self-defense.  We will see people calling everything a threat and attacking people who allegedly make them.  In the Bronx, I remember my friends saying to each other platonically, "I will F*ck you up!" This, of course, can be interpreted as, "I will beat you up."  Today, I still hear the youth saying the same line to each other playfully.  Will one of these youths get choked to death because they say the phrase which can be interpreted as a verbal threat of physical violence?  

In New York City, we often see Protestant preachers on the street yelling and shouting and sometimes condemning random people to hell. They yell extremely loudly with microphones and speakers and even without them. Their screams can be unnerving and annoying causing one's blood to boil, so to speak. This is especially true when they target gays or even Catholics with images of the crucifix of Mary on their person of ten condemning them to hell or calling them idolaters or sinners.  Their shouting and condemnations can be considered a "threat." Does this mean gays and Catholics can choke them to death?  What about protestors? We are seeing the more often now due to the Israel-Palestine conflicts. They often get rowdy and say "threatening" things. Will they get choked out as well now? Will this be okay and legal?  Where do we draw the line?  This is what the Daniel Penny verdict has brought upon New York City.  

I have nothing against Daniel Penny and hope he is safe now in his free life despite having a permanent target on his back, but he had to face the consequences of the violations of the law he made and the death of Jordan Neely. He is young and made a mistake thinking it to be the right thing to do.  He did not have to play "hero."  In New York City, we will see all kinds of strange and odd behavior. I remember in the Bronx as I sat at a park in the Little Italy area there was a homeless unkept looking lady. She was sitting on one of the benches. She had a dress or nightgown-looking attire like what elderly women wear. Out of nowhere, she lifted her dress grabbed her labia majora, and began to urinate using her hand to guide the stream of urine.  People around gasped in shock and disgust and ran off.  

She was known in the area and was often aggressive with people.  One time when I went to get my PO Box mail, she asked me for money and I did not have and told her, she then slightly hit the letters in my hand when I passed by her out of frustration.  I did not attack her back or choke her to death. It was no big deal.  I did not see her as a threat.  Unfortunately, before the pandemic, I found out from friends at the 48th precinct of the NYPD at the Build the Block meetings that she was a victim of assault. Someone attacked her, beat her up, urinated on her, and broke her legs.  However, this article says she was hit by a car (https://bronx.news12.com/20yearold-man-arrested-for-peeing-on-homeless-woman-in-the-bronx-42132848).  It took this evil act for the city to finally get her help!

Had Daniel Penny been around her, he probably would have choked her to death just for her erratic behavior! We cannot have this!  This cannot be the norm.  As stated, New York City is full of people like Neely and this homeless woman from the Bronx. They are now prime targets of overzealous people looking to play Batman as vigilantes.  This is a bad precedent that the Daniel Penny verdict now begins in one of the largest and most crime-plagued cities in the world. 

Jordan Neely needed help and never got it. All he had on him was a muffin, no weapons.  He was not a threat. The Daniel Penny trial shows us that the stereotype of black people being scary still exists. We often hear of the "Angry Black woman." These are stereotypes created by racists which are meant to tarnish black people.  Even today on social media, we see statements like "usual suspects," or statements like "show the color of the person," "we can assume what people did it..' and things like that which insinuate that Black people are automatically criminal by nature.  These are racist statements that stem from non-Hispanic Whites being raised to fear Black people.  Daniel Penny and others who claim Neely was a threat perpetuate this racist sentiment.   

This is why Black Lives Matter was formed. While some of its founding members have missed donations, the overall purpose of this movement was to highlight that Black people are targeted and are treated like they do not matter.  I sometimes wonder what the outcome would have been if Daniel Penny was Black and Jordan Neely was White.  Would he have gotten a not-guilty verdict? 

As a relative and friend of many people with Autism, I now worry for them that someone might come "to the rescue" and choke them out just because of their antics and outbursts which are often seen by ignorant people as a "threat" or "strange."  They simply are not educated on what Autism is and are prejudged.  Hopefully, Attorney General Leticia James and Governor Hochul will do something to protect people in New York from being victims of people claiming to "come to the rescue."  

We still need to work hard for a world where Black Lives Matter, Homeless Lives Matter, Mentally Ill Lives Matter, and White people can live and not be paranoid of people of color.  

The trial serves as a reminder of the complexities involved in legal proceedings and the importance of a fair and thorough judicial process. It also highlights the need for ongoing discussions about justice, safety, and mental health in our society.  

We pray for all involved; for Daniel Penny, the soul of Jordan Neely, and their families. It is not an easy situation.  No on is truly at fault. No one helped Jordan Neely and Daniel Penny should not have been put in that situation or placed himself in that situation.  We may escape man-made "justice," but in the end we all will be judged by the Creator, the Just Judge who is The Truth and cannot be deceived nor holds any bias or agendas.  

Sources:

: [ABC News](https://abcnews.go.com/US/daniel-penny-trial-spotlighted-issues-homelessness-mental-illness/story?id=116603921)

: [MSNBC](https://www.msnbc.com/deadline-white-house/deadline-legal-blog/daniel-penny-found-not-guilty-jordan-neely-verdict-rcna183265)

: [CBS News](https://www.cbsnews.com/newyork/news/daniel-penny-verdict-nyc-subway-chokehold-jordan-neely/)

: [NBC News](https://www.nbcnews.com/news/us-news/daniel-penny-found-not-guilty-chokehold-death-jordan-neely-rcna180775)

https://www.sacerdotus.com/2023/05/marine-daniel-penny-kills-homeless.html

https://www.sacerdotus.com/2023/05/marine-daniel-penny-kills-homeless.html

https://www.sacerdotus.com/2023/06/daniel-penny-jordan-williams-self.html

https://www.sacerdotus.com/2024/10/trial-begins-for-marine-daniel-penny.html

https://www.sacerdotus.com/2023/06/daniel-penny-arraigned-jordan-williams.html

Daniel Penny not guilty in Jordan Neely death – NBC Boston

Daniel Penny acquitted in NYC subway chokehold case over Jordan Neely’s death | PBS News

Daniel Penny found not guilty in chokehold death of Jordan Neely

Daniel Penny acquitted in NYC subway chokehold case over Jordan Neely's death

Veteran Daniel Penny is acquitted in NYC subway chokehold case over Jordan Neely's death

: [FindLaw](https://www.findlaw.com/state/new-york-law/new-york-self-defense-laws.html)

: [Vitaliano Law](https://www.vitalianolaw.com/blog/new-york-self-defense-laws/)

Daniel Penny Found Not Guilty

Title: Daniel Penny Found Not Guilty: A Complex Case of Self-Defense and Public Safety

The trial of Daniel Penny, a former Marine charged with manslaughter and criminally negligent homicide in the death of Jordan Neely, has been a focal point of public attention and legal scrutiny. On December 9, 2024, the jury reached a verdict, finding Penny not guilty of criminally negligent homicide. This outcome has sparked significant discussion and reflection on the complexities of self-defense, public safety, and mental health.

Background of the Case

On May 1, 2023, Jordan Neely, a 30-year-old homeless man, was killed after being placed in a chokehold by Daniel Penny on a New York City subway. Neely, known for his Michael Jackson impersonations, had a history of mental illness and erratic behavior. On the day of the incident, witnesses described Neely as acting aggressively and making threatening statements. Penny, a 26-year-old Marine veteran, intervened and restrained Neely in a chokehold for nearly six minutes, leading to Neely's death.

The Charges

Daniel Penny was initially charged with second-degree manslaughter and criminally negligent homicide. The prosecution argued that Penny's actions were reckless and excessive, leading to Neely's death. The defense contended that Penny acted in self-defense and in defense of other passengers on the subway.

Jury Deliberations and Verdict

The jury began deliberations on December 3, 2024. After more than 20 hours of deliberation over several days, the jury reported that they were unable to reach a unanimous decision on the second-degree manslaughter charge. This deadlock prompted Judge Maxwell Wiley to issue an Allen charge, instructing the jury to continue deliberating and make every possible effort to reach a verdict.

Despite the judge's instructions, the jury remained deadlocked on the manslaughter charge. On December 6, 2024, the prosecution agreed to dismiss the manslaughter charge to allow the jury to consider the lesser charge of criminally negligent homicide. The jury continued deliberations on this charge and ultimately found Penny not guilty.

Key Testimonies and Evidence

Throughout the trial, jurors heard testimonies from various witnesses, including subway passengers, police officers, medical experts, and a Marine Corps instructor who taught Penny chokehold techniques. The testimonies provided a detailed account of the events leading up to Neely's death and the immediate aftermath.

Jurors also reviewed video footage recorded by bystanders and police body cameras, which captured the chaotic scene on the subway and Penny's interactions with law enforcement. These videos were crucial in illustrating the context of the incident and the actions taken by Penny.

Broader Implications

The Daniel Penny trial has raised significant questions about public safety, mental health, and the use of force. The case has divided public opinion, with some viewing Penny as a protector of fellow subway riders and others seeing him as a vigilante who took the law into his own hands. The trial has also highlighted the challenges faced by individuals with mental illness and the need for better support systems.

Conclusion

The not-guilty verdict in the Daniel Penny trial marks the end of a complex and emotionally charged case. The outcome serves as a reminder of the intricacies involved in legal proceedings and the importance of a fair and thorough judicial process. Regardless of the verdict, the trial has sparked important conversations about justice, safety, and mental health in our society.

Source:

: [CBS News](https://www.cbsnews.com/newyork/news/daniel-penny-verdict-nyc-subway-chokehold-jordan-neely/)

: [MSNBC](https://www.msnbc.com/deadline-white-house/deadline-legal-blog/daniel-penny-found-not-guilty-jordan-neely-verdict-rcna183265)

Trial of Daniel Penny: Part III

The Trial of Daniel Penny: A Comprehensive Overview

The trial of Daniel Penny, a former Marine, has captivated the nation, drawing attention to issues of public safety, mental health, and the use of force. Penny is charged with manslaughter and criminally negligent homicide following the death of Jordan Neely, a 30-year-old homeless man, on a New York City subway in May 2023. This blog post delves into the details of the trial, witness accounts, video evidence, and the medical examiner's testimony.

Background of the Case

On May 1, 2023, Jordan Neely boarded a northbound F train in Manhattan. Witnesses reported that Neely, who was known for his Michael Jackson impersonations, began behaving erratically, shouting that he was hungry, thirsty, and unafraid of going to jail. Daniel Penny, a 24-year-old Marine veteran, intervened by placing Neely in a chokehold, which he maintained for several minutes. Neely lost consciousness and was later pronounced dead at a hospital.

Witness Accounts

The trial featured testimony from numerous witnesses who were present on the subway that day. One witness, Eric Gonzalez, testified that he assisted Penny in restraining Neely, hoping that Penny would release the chokehold. Gonzalez stated that he told Penny, "I'm going to grab his hands so you can let go," but Penny did not release Neely until he went limp.

Another witness, Moriela Sanchez, made a 911 call during the incident, describing Neely's threatening behavior and expressing relief when Penny intervened. However, she also testified that Penny's hold seemed excessively tight and appeared to be intended to harm Neely.

Video Evidence

Video footage played a crucial role in the trial. Bystander videos captured the moments leading up to and following the chokehold. One video, recorded by Ivette Rosario, showed Penny maintaining the chokehold even after Neely had stopped moving. Rosario testified that she heard other passengers warning Penny that he was going to kill Neely.

Additionally, body camera footage from responding officers and Penny's voluntary police stationhouse interview were presented in court. In the interview, Penny demonstrated the chokehold and claimed he did not apply pressure, stating, "I just wanted to keep him from getting to people".

Medical Examiner's Testimony

Dr. Cynthia Harris, the medical examiner who performed Neely's autopsy, testified that Neely's cause of death was compression of the neck, or asphyxia. Harris presented autopsy photos showing hemorrhaging in Neely's neck, chest, and spleen, as well as small pools of blood in his eyes from ruptured blood vessels. She explained that these injuries were consistent with being placed in a chokehold for nearly six minutes.

Harris also addressed the presence of synthetic cannabinoids (K2) in Neely's system, but she testified that the drug did not contribute to his death. She emphasized that Neely's death was a direct result of the chokehold, stating, "It's my medical opinion that there are no alternative reasonable explanations for Mr. Neely's death".

Closing Arguments

In their closing arguments, the prosecution argued that Penny's actions were unnecessarily reckless and showed an indifference to Neely's life. They highlighted the duration of the chokehold and the warnings from other passengers as evidence of Penny's excessive use of force.

The defense, on the other hand, contended that Penny acted in self-defense and was trying to protect other passengers from Neely's threatening behavior. They argued that Penny's military training influenced his actions and that he did not intend to kill Neely.

Conclusion

The trial of Daniel Penny has raised important questions about the use of force, public safety, and the treatment of individuals experiencing mental health crises. As the jury deliberates, the nation watches closely, awaiting a verdict that will have significant implications for similar cases in the future.

This case serves as a reminder of the complexities involved in such incidents and the need for a nuanced understanding of the factors at play. Whether Penny's actions were justified or excessive is a matter for the jury to decide, but the trial has undoubtedly sparked a broader conversation about how society addresses these challenging situations.

More information:

https://www.sacerdotus.com/2023/05/marine-daniel-penny-kills-homeless.html

https://www.sacerdotus.com/2023/06/daniel-penny-jordan-williams-self.html

https://www.sacerdotus.com/2024/10/trial-begins-for-marine-daniel-penny.html

https://www.sacerdotus.com/2023/06/daniel-penny-arraigned-jordan-williams.html

Video makes clear that Jordan Neely died from fatal chokehold, even if he had enough drugs in his system to 'put down an elephant': ME

NYC medical examiner testifies at Daniel Penny trial in Jordan Neely chokehold | Fox News

Daniel Penny Trial Highlights Debate On Chokehold Use - The Pinnacle Gazette

Daniel Penny's chokehold was sole cause of Jordan Neely's death, medical examiner testifies

Trial of Daniel Penny: Part II

The Trial of Daniel Penny: A Comprehensive Overview

The trial of Daniel Penny, a former Marine, has captivated public attention due to the tragic circumstances surrounding the death of Jordan Neely on a New York City subway in May 2023. Penny faces charges of second-degree manslaughter and negligent homicide for allegedly fatally choking Neely, a well-known Michael Jackson impersonator who was reportedly threatening passengers on the subway. This blog post provides a detailed account of the trial, including witness testimonies, video evidence, and the broader implications of the case.

Background of the Case

On May 1, 2023, Jordan Neely boarded a northbound F train in New York City. Witnesses reported that Neely, who was experiencing homelessness and mental health issues, began making aggressive comments and threatening passengers. Daniel Penny, a 26-year-old former Marine, approached Neely from behind and placed him in a chokehold. Neely was later pronounced dead at a hospital, with his death ruled a homicide by compression of the neck.

Key Developments in the Trial

1. Opening Statements: The trial began with opening statements from both the prosecution and the defense. The prosecution argued that Penny used excessive force and continued the chokehold for nearly six minutes, well past the point when Neely posed any threat. The defense contended that Penny acted to protect himself and other passengers from Neely's aggressive behavior.

2. Witness Testimonies: 

   - Eric Gonzalez: One of the key witnesses, Eric Gonzalez, testified that he helped Penny restrain Neely by holding his hands, hoping Penny would release the chokehold. Gonzalez admitted to initially lying to the police about Neely trying to hit him, stating he did so to justify his actions.

   - Caedryn Schrunk: Another witness, Caedryn Schrunk, described Neely's behavior as threatening and said she felt a sense of relief when Penny restrained him. She testified that Neely did not physically attack anyone but made aggressive threats.

   - Johnny Grima: Grima testified that he tried to help Neely by pouring water on his forehead after Penny released the chokehold. He expressed frustration that Penny told him to stop.

3. Expert Testimonies: 

   - Joseph Cavaller: A former Marine sergeant who trained Penny, explained the different types of chokeholds. He testified that a "blood choke" applies pressure to the carotid artery and should not be held for more than five seconds in training. Cavaller noted that Penny's chokehold appeared to be an attempted figure-four blood choke but could have been an air choke.

4. Video Evidence: 

   - Body Camera Footage: Jurors were shown body camera footage of Penny's initial encounter with police, where he explained his actions and expressed that he was trying to de-escalate the situation.

   - Cellphone Videos: Videos taken by witnesses on the subway were also presented in court. These videos showed Penny restraining Neely while bystanders pleaded for him to let go.

Broader Implications

The trial has sparked widespread debate and divided public opinion. Some view Penny as a good Samaritan who acted to protect others, while others see him as a vigilante who overreacted. The case has also highlighted issues related to mental health, homelessness, and the use of force in self-defense situations.

Conclusion

As the trial continues, it remains to be seen how the jury will interpret the evidence and testimonies presented. Daniel Penny faces up to 19 years in prison if convicted. The outcome of this trial will likely have significant implications for how similar cases are handled in the future, particularly regarding the use of force and the treatment of individuals experiencing mental health crises.

For more detailed updates on the trial, you can follow the coverage on 

[Newsweek](https://www.newsweek.com/daniel-penny-trial-jordan-neely-chokehold-death-martial-arts-instructor-1986054), 

[ABC News](https://abcnews.go.com/US/man-helped-daniel-penny-restrain-jordan-neely-speaks/story?id=115515853), and

 [CBS News](https://www.cbsnews.com/newyork/news/daniel-penny-subway-chokehold-death-trial-witnesses/).

https://www.sacerdotus.com/2023/05/marine-daniel-penny-kills-homeless.html

https://www.sacerdotus.com/2023/06/daniel-penny-jordan-williams-self.html

https://www.sacerdotus.com/2024/10/trial-begins-for-marine-daniel-penny.html

https://www.sacerdotus.com/2023/06/daniel-penny-arraigned-jordan-williams.html

 

Trial of Daniel Penny: Part 1

The trial of Daniel Penny, a former Marine, has garnered significant attention due to the circumstances surrounding the death of Jordan Neely on a New York City subway in 2023. Penny is facing charges of second-degree manslaughter and negligent homicide for allegedly fatally choking Neely, a well-known Michael Jackson impersonator who was reportedly threatening passengers on the subway.

Key Developments in the Trial

1. Martial Arts Instructor's Testimony: Joseph Cavaller, a former Marine sergeant who trained Penny, testified about the different types of chokeholds. He explained that a "blood choke" applies pressure to the carotid artery to knock someone out, while an "air choke" puts pressure on the Adam's apple. Cavaller noted that in training, a blood choke is never held for more than five seconds.

2. Incident Details: On the day of the incident, Neely was reportedly making aggressive comments and threatening passengers. Penny approached Neely from behind and placed him in a chokehold. Neely was later pronounced dead at a hospital, with his death ruled a homicide by compression of the neck.

3. Witness Testimonies: Witnesses have provided varying accounts of the incident. Some described Neely's behavior as threatening, while others noted that he did not physically attack anyone. Eric Gonzalez, a Bronx man who helped Penny restrain Neely, testified that he tried to assist Penny in releasing the chokehold by holding Neely's hands.

4. Defense and Prosecution Arguments: The defense argues that Penny acted to protect himself and other passengers, using a headlock to restrain Neely without applying excessive force. They have questioned the medical examiner's findings, suggesting Neely's health problems and drug use could have contributed to his death. The prosecution, however, contends that Penny's military training should have made him aware of the potential lethality of the chokehold.

5. Expert Testimonies: Experts on chokeholds have testified about the techniques used and the potential dangers. They have discussed the differences between blood chokes and air chokes, and the appropriate duration for applying such holds.

Broader Implications

The trial has sparked widespread debate and divided public opinion. Some view Penny as a good Samaritan who acted to protect others, while others see him as a vigilante who overreacted. The case has also highlighted issues related to mental health, homelessness, and the use of force in self-defense situations.

As the trial continues, it remains to be seen how the jury will interpret the evidence and testimonies presented. Penny faces up to 19 years in prison if convicted.

For more detailed updates on the trial, you can follow the coverage on 

[Newsweek](https://www.newsweek.com/daniel-penny-trial-jordan-neely-chokehold-death-martial-arts-instructor-1986054), 

[ABC News](https://abc7ny.com/post/daniel-penny-trial-former-marine-misused-combat-technique-nyc-deadly-subway-chokehold-jordan-neely-trainer-testifies/15545913/), and 

[NewsNation](https://www.newsnationnow.com/crime/daniel-penny-chokehold-testify/).

https://www.sacerdotus.com/2023/05/marine-daniel-penny-kills-homeless.html

https://www.sacerdotus.com/2023/06/daniel-penny-jordan-williams-self.html

https://www.sacerdotus.com/2024/10/trial-begins-for-marine-daniel-penny.html

https://www.sacerdotus.com/2023/06/daniel-penny-arraigned-jordan-williams.html

Trial Begins for Marine Daniel Penny

The trial of Daniel Penny, a former Marine charged with the chokehold death of Jordan Neely on a New York City subway, has garnered significant media attention and public interest. The case has raised important questions about racial justice and the safety of the city's subway system.

Daniel Penny, who is white, is accused of using excessive force against Jordan Neely, a Black man who was a well-known Michael Jackson impersonator. The incident, which occurred in May 2023, began with Neely reportedly acting aggressively on an F train in Manhattan. Penny's attorneys argue that he did not apply enough pressure for the hold to be deadly, while prosecutors maintain that the force used was excessive and resulted in Neely's death.

The trial of Daniel Penny, charged with the death of Jordan Neely, has been a focal point of national attention, raising significant discussions on law enforcement and race relations. As the trial progresses, various pieces of evidence have been presented to the court.

One of the key pieces of evidence is the bystander videos that captured the incident on the subway. These videos are crucial as they provide a visual account of the events leading up to Neely's death. The defense has argued that these videos show Penny acting in self-defense and protecting other passengers from Neely, who was reportedly acting aggressively.

Another significant piece of evidence is the statements made by Penny to the police following the incident. In these statements, Penny claimed that Neely was threatening people on the train, which prompted him to intervene. The prosecution is using these statements to argue that Penny acted recklessly, leading to Neely's death.

The medical examiner's report is also a critical piece of evidence, as it ruled Neely's cause of death as "compression of the neck." This finding is central to the prosecution's case, which argues that Penny's actions were excessive and directly resulted in Neely's death.

Furthermore, the defense plans to call a Marine with a black belt in karate as an expert witness. This individual is expected to testify that the hold applied by Penny was not fatal and did not constitute a chokehold.

The trial of Daniel Penny, a former Marine accused of the chokehold death of Jordan Neely, has presented a complex set of arguments from both the prosecution and the defense. The case has captured the public's attention, not only for the tragic loss of life but also for the broader implications it has on issues of race, law enforcement, and public safety.

From the prosecution's perspective, the argument hinges on the assertion that Penny used excessive force in a situation that did not warrant such a response. They point to the medical examiner's report, which classified Neely's death as a homicide by compression of the neck, as a key piece of evidence supporting their claim. The prosecution is likely to argue that Penny's actions were not in line with reasonable force and that his intervention led directly to Neely's death.

The defense, on the other hand, is expected to present a narrative that frames Penny's actions as a response to a perceived threat. They argue that Neely was acting aggressively and that Penny, with his background as a Marine, reacted to protect himself and other passengers. The defense is also likely to highlight the chaotic environment of the subway, suggesting that Penny's decision-making was influenced by the need to quickly address a volatile situation.

A key element of the defense's strategy is to introduce evidence that may contextualize Neely's behavior at the time of the incident. This includes the potential introduction of Neely's medical records and testimony regarding his alleged use of the drug K2, which the defense suggests could have contributed to a psychotic episode. The defense argues that this information is relevant to understanding the circumstances that led to the confrontation.

Both sides have faced challenges regarding the admissibility of evidence. The judge has denied motions to exclude certain pieces of evidence, indicating that the jury will be presented with a wide array of information to consider. This includes bystander videos of the incident, Penny's statements to the police, and expert testimony on the nature of the hold used by Penny.

As the trial progresses, the jury will be tasked with weighing the evidence and arguments presented by both sides. The outcome of this case will undoubtedly have a lasting impact on the community and contribute to the ongoing dialogue about the role of law enforcement in society. For those interested in following the trial, updates and detailed coverage are available from major news outlets.

As the trial continues, more evidence will likely be presented, and the jury will be tasked with determining the facts of the case. The outcome of this trial will have profound implications for the community and the ongoing conversation about justice and accountability in law enforcement. For ongoing updates and detailed coverage, the public can follow the reports from major news outlets.

The trial is expected to last six weeks, with jury selection having begun recently. The case has become a flashpoint in the nation's ongoing debate over racial justice, with protesters gathering outside the courthouse to express their views. The outcome of this trial will likely have a significant impact on public discourse regarding law enforcement and race relations in the United States.

The legal consequences for Daniel Penny, if convicted, could be severe. As the trial unfolds, the charges against Penny include manslaughter and criminally negligent homicide. The former charge carries a more significant weight, as it suggests a level of recklessness or intentional action leading to death. If found guilty of manslaughter, Penny could face up to 15 years in prison. On the other hand, the charge of criminally negligent homicide implies that Penny's alleged negligence led to Jordan Neely's death, which carries a potential sentence of up to four years.

The trial's outcome will hinge on the jury's interpretation of the evidence presented by both the prosecution and the defense. The prosecution's task is to prove beyond a reasonable doubt that Penny's actions were not only negligent but also criminally so, resulting in Neely's death. The defense, conversely, aims to establish that Penny's actions were justified under the circumstances and that he did not intend to cause harm.

It's important to note that the legal system aims to balance the scales of justice, taking into account the severity of the crime, the defendant's intent, and the circumstances surrounding the incident. The jury's verdict will ultimately determine the legal consequences for Penny, and the judge will impose a sentence based on that verdict, the law, and the guidelines provided for such cases.

The case has attracted public attention and sparked discussions about broader societal issues, including race relations and law enforcement practices. Regardless of the trial's outcome, the implications of this case will likely resonate beyond the courtroom, influencing public discourse and potentially affecting future legal proceedings in similar cases.

 In New York and 14 other states there is a duty to retreat clause. This means that citizens have a duty to escape or get away from a violent situation if the opportunity is there. If there is no option to retreat, then citizens can use force, even kill the assailant.  The duty to retreat does not apply to citizens when they are at home in New York and at home, place of work and car in other states.  The law varies from state to state. This is why it is important for people to educate themselves.  Many times people, particularly conservatives, think that it is okay to kill someone who attacks you. They claim it is a "right" to self-defense. This is not true. One cannot just kill an attacker and claim self-defense.  Since this case between Neely and Penny happened in New York City, we will focus on the law in New York State. You can read more about laws in other states here (https://reason.com/volokh/2020/12/21/duty-to-retreat-35-states-vs-stand-your-ground-15-states/).

In New York state, Artcile 35 of the penal code states:

  (c) The physical  force  involved  is  the  product  of  a  combat  by

agreement not specifically authorized by law.

  2.  A  person  may  not  use deadly physical force upon another person

under circumstances specified in subdivision one unless:

  (a) The actor reasonably believes that such other person is  using  or

about  to  use  deadly  physical  force. Even in such case, however, the

actor may not use deadly physical force if he or  she  knows  that  with

complete  personal safety, to oneself and others he or she may avoid the

necessity of so doing by retreating; except that the actor is  under  no

duty to retreat if he or she is:

  (i) in his or her dwelling and not the initial aggressor; or

  (ii) a police officer or peace officer or a person assisting a police

officer or a peace officer at the latter`s direction, acting pursuant to

section 35.30; or

  (b) He or she reasonably believes that such other person is committing

or attempting to commit a kidnapping, forcible rape,  forcible  criminal

sexual act or robbery; or

  (c) He or she reasonably believes that such other person is committing

or  attempting to commit a burglary, and the circumstances are such that

the use of deadly physical force is authorized by subdivision three of

section 35.20.

- https://ypdcrime.com/penal.law/article35.php   

So, as you read, there is a duty to retreat.  Daniel and the others had to retreat and not engage Neely unless there was no option to retreat. In light of this, Daniel Penny and the riders involved need to be charged for killing Jordan Neely. He broke the law (duty to retreat clause) of NY state. Screaming out for food, and water, or even throwing garbage does not warrant being choked to death.  Nor does having a criminal record.  Citizens cannot take the law into their own hands. This is not self-defense. Daniel and others had a duty to retreat.

Subway cars have end doors where people can move between cars.  They have emergency brakes that stop a moving train, allowing for exiting.  Attached are photos.  Moreover, cars have emergency windows that can be removed to exit.  There is no excuse.  The MTA offers guidelines here mentioning the emergency windows and how to exit a subway car, see: http://new.mta.info/document/76901.  If not charged, this will empower people to kill others for any outburst, whether mental illness-related or not. Even autistic people will be in danger depending on where on the spectrum they are on and if this causes them to behave violently. People will kill others just for being bumped on a train, bus, or sidewalk.  We cannot have this in a civilized society where the rule of law supersedes.  Jordan Neely had a mental illness and was not helped. He could not help how he behaved due to it.  He did not deserve to be killed.  Attacking his character does nothing but turn the attacker into a despicable human being lacking morals and compassion.  Justice must be served.  The rule of law must matter.

In 2017, I served on a trial where a young man killed an elderly man with a metal pipe in the South Bronx. In the video, we saw both men arguing. The young man walks out of the store and the elderly man goes to the back of the bodega and grabs a pipe going after the young man.  We see another cell video of both arguing outside and the young man hitting the elderly man with a pipe.  Many of the jurors thought the younger guy was defending himself. However, I brought up the duty to retreat clause and before deliberation, the judge told us the law.  

I remember this when studying paralegal in high school.  We did internships at the Bronx Court House on the Grand Concourse and 161st.  Like conservatives on social media, the jury I was with assumed the young guy was legitimately defending himself. However, this was not the case.  He had a duty to retreat. The elderly man was really no threat. He easily took the pipe away from him.  Therefore, the young man could have left with the pipe, tossed it aside and left, or simply just called 911 while holding the pipe and not engaging the elderly man. Instead, he took the pipe away and began to beat the elderly man with him fracturing his cheekbone and skull overall.  A few of the jurors got upset with me because I took the case seriously. They just wanted to issue a verdict and go back to their jobs. They were worried about not getting a paycheck. I was more concerned about justice. 

Two young Dominican guys were even making snarky remarks causing the older jurors to shake their heads in disbelief and call them out for their immaturity.  Anyhow, me delay of the deliberation worked and the right decision was made that even the judge, district attorney, and court officers applauded us. 

The other jurors pointed me out as the reason for delaying deliberations.   We ended up deciding a guilty verdict for manslaughter against the young man. He may have thought he was defending himself because the elderly man went after him with a pipe, but that was not self-defense.  He had a duty to retreat.  Similarly, Neely was not truly a threat. Screaming and crying out for food is not a threat.  It is a disturbance of the peace.  

So as it stands, the defense of Daniel Penny will have a difficult time defending their client.  If Penny served in combat, perhaps a defense of Post Traumatic Stress Disorder may be used with doctors and psychologists vouching for Penny. They can say the events on the subway that day triggered Penny's trauma.  This may not exonerate him, but may lessen the charges and/or sentence later on.  There is a very high probability that Penny will be found guilty for the reasons stated above. We cannot have vigilantism, especially in a city like New York City. We cannot have mentally ill people or anyone acting erratically be choked to death or killed in any other manner just for their behavior.  We cannot have people believing that anything and everything warrants self-defense and that one can kill at will even if threatened.  

Nevertheless, some are politicizing this case. We now have Black Lives Matter and others turning this case into a racial one with some calling Penny a White Supremacist. We also have others attacking Neely and his reputation based on his past as if what happened in the past is relevant in the present case. They are also referencing his skin color as part of the problem or insinuating that Black people are a violent and criminally inclined group. 

Regardless of the outcome, this trial will bring about many protests and problems. If found guilty, people will claim injustice against Penny and will say there is a persecution of white men in liberal cities. If found innocent, people will come out claiming white privilege in favor of Penny and that Neely got no justice because he was Black, homeless, and mentally ill.  This may even lead to riots again as in the case of George Floyd's death.

 

Source:

Daniel Penny trial: Jury selection begins in case on NYC subway death

Trial to start for Daniel Penny after chokehold death of Jordan Neely on NYC subway

Daniel Penny trial begins: Jurors to be asked 'what would you do?'

Daniel Penny to Go on Trial for Fatally Choking Jordan Neely on Subway - The New York Times

Daniel Penny to Go on Trial for Fatally Choking Jordan Neely on Subway - The New York Times

https://www.foxnews.com/us/protesters-accuse-marine-vet-white-supremacy-jury-selection-begins-subway-vigilante-case

 

Erica Garner dies at 27

Black Lives Matter activist Erica Garner passed away today after suffering an asthma and heart attack which left her in a coma. She was the daughter of Eric Garner who was killed when a police officer placed a choke hold on him causing him to suffocate and get a heart attack.  The officer was later acquited which led to Garner's daughter becoming an activist against police brutality.  Many were shocked at her death including former presidential candidate Bernie Sanders. He took to Twitter to offer his condolences.  Others were not so humane. Many from the alt-right movement posted hateful and even celebratory comments after learning of the death of the Black Lives Matter activist. 

Regardless of her views, she was a human being who tried to do the right thing after her father was killed. May she rest in peace. 

Out of respect to Erica please do not request comment if the journalist is not Black.

— officialERICA GARNER (@es_snipes) December 30, 2017

For now if you want to support Erica Garner ... Go find a way to support your local foster care system. The last action she told me she wanted to do was to support foster kids as she was one herself. The person with her when she died was her foster mother...

— officialERICA GARNER (@es_snipes) December 30, 2017

We prayed over Erica at 1am. I left to get sleep. It was just them and honestly I feel like if no one else was there, that is who Erica would have wanted to be with her at that moment. So support foster families for Erica please.

— officialERICA GARNER (@es_snipes) December 30, 2017

I had the honor of getting to know Erica and I was inspired by the commitment she made working towards a more just world for her children and future generations. She was a fighter for justice and will not be forgotten.

— Bernie Sanders (@BernieSanders) December 30, 2017

Though Erica didn't ask to be an activist, she responded to the personal tragedy of seeing her father die while being arrested in New York City by becoming a leading proponent for criminal justice reform and for an end to police brutality.

— Bernie Sanders (@BernieSanders) December 30, 2017

Erica Garner was an exceptional young woman. She was a loving daughter, sister, mother, friend. Jane and I send our deepest condolences to the entire Garner family and to all those she has impacted.

— Bernie Sanders (@BernieSanders) December 30, 2017

Erica the world loves you. I love you. I am glad you came into our lives. May you find the peace in the next life that you deserved while you were here. I will always love you my sister. love you

— officialERICA GARNER (@es_snipes) December 30, 2017

When you report this you remember she was human: mother, daughter, sister, aunt. Her heart was bigger than the world. It really really was. She cared when most people wouldn't have. She was good. She only pursued right, no matter what. No one gave her justice.

— officialERICA GARNER (@es_snipes) December 30, 2017

She passed away this morning. The reports are real. We didn't deserve her.

— officialERICA GARNER (@es_snipes) December 30, 2017

PLEASE DO NOT DONATE MONEY TO ANYTHING THAT THIS ACCOUNT HAS NOT SHARED. THAT EFFORT WILL BE FOR HER KIDS AND ONLY HER KIDS.

— officialERICA GARNER (@es_snipes) December 30, 2017

Source:

https://www.aol.com/article/news/2017/12/30/activist-erica-garner-daughter-of-eric-garner-is-dead-at-27-1/23320133/

Charlottesville Unite the Right White Supremacy March

In a scene that looked like it was straight out of the Civil Rights era, a large group of Caucasian males marched in Charlottesville, Virginia holding tiki torches. They walked to the University of Virginia and were met with opposition. All hell eventually broke out with both sides throwing fists, saliva and anything else they can get their hands on.

The march was billed as a "Unite the Right march" and was begun with the intention to protest the removal of a statue of Robert E. Lee who led the Confederate army during the Civil War.

 Social media has been exploding with many commentaries. The media has been airing the story all day and has had passionate commentators from both sides speaking on the situation. Some blame Trump and his speeches for empowering the so-called "Alt-Right" who are labeled as White Supremacists. Others say that this is nothing new and has happened for decades.

 As the day went on and Virginia's authorities tried to keep law and order, a 20 year old Caucasian man plowed his car onto a crowd near the downtown mall injuring dozens and killing a 32 year old female marcher. James Alex Fields, Jr. of Maumee, Ohio was later arrested and is facing charges. To add to the horror of the day, a helicopter carrying two State Police officers monitoring the protests crashed killing two officers.

Sad what is going on in #Charlottesville. Now a car ran into a crowd.

— ☧Sacerdotus™ (@Sacerdotus) August 12, 2017

#BREAKING. Reports say police helicopter went down at #Charlottesville

— ☧Sacerdotus™ (@Sacerdotus) August 12, 2017

We are God's children. Let us start acting like it. We are all distinct, but one family. #Charlottesville #catholic #UniteTheRight pic.twitter.com/6QPWNF6F0K

— ☧Sacerdotus™ (@Sacerdotus) August 12, 2017

I wish y'all would stop emphasizing the year 2017 like white supremacy was laying dormant all these years. It never left. #Charlottesville

— #BlackAugust (@Delo_Taylor) August 12, 2017

you elected a klansmen president. the era of needing a hood is over. https://t.co/rUjd4Uaqhj

— Anthony Oliveira (@meakoopa) August 12, 2017

"Completely embarrassed" by the side that needed 400 guys to beat up college girls in wheelchairs. https://t.co/K0eGmVCZ3P

— Defending Cville (@EmilyGorcenski) August 12, 2017

At 4:20 of the video, someone with a swastika pin is clearly visiblehttps://t.co/AxQC2hiINr

— Defending Cville (@EmilyGorcenski) August 12, 2017

To the trolls who tell us not to comment on current issues: In her diary, Anne Frank stood for justice & hoped future generations would too.

— Anne Frank Center (@AnneFrankCenter) August 10, 2017

To any who won't denounce White Nationalist marchers & call on @POTUS to do so, or say it's not what an Anne Frank org should do, CLUELESS.

— Anne Frank Center (@AnneFrankCenter) August 12, 2017

Our full statement on the evil hatemongers in Charlottesville, with a litmus test we present to @POTUS. pic.twitter.com/N5j8HEHOGY

— Anne Frank Center (@AnneFrankCenter) August 12, 2017

.@POTUS, if you truly oppose #racism #Antisemitism & #Islamophobia, denounce Charlottesville White Nationalists as EVIL & use the word EVIL!

— Anne Frank Center (@AnneFrankCenter) August 12, 2017

The clergy are marching to the park https://t.co/RijzogpGxw

— Defending Cville (@EmilyGorcenski) August 12, 2017

Full 2 minute cut of Emily Gorcenski's Night From Hell: pic.twitter.com/dL31tkWDbW

— The Swog Blog (@TheSwogBlog) August 12, 2017

Dr. King was right. #UniteTheRight #catholic #catholicfollowchain #Charlottesville pic.twitter.com/cxNiILx1t0

— ☧Sacerdotus™ (@Sacerdotus) August 12, 2017

BREAKING: Scuffles at alt-right torch rally on UVA campus #Charlottesville #UniteTheRight https://t.co/yYrell4bJR

— Alejandro Alvarez (@aletweetsnews) August 12, 2017

Alt right #UniteTheRight woman tells #antifa counter-protester that he "sounds like a n-----" #Charlottesville pic.twitter.com/vM5xsnfTUQ

— Anonymous 🌐🐈🐾 (@YourAnonRevolt) August 12, 2017

These violent white supremacist terrorists are in #Charlottesville assaulting people right now.THIS IS NOT ABOUT FREE SPEECH #UniteTheRight pic.twitter.com/89sQxb0VKs

— Tariq Nasheed (@tariqnasheed) August 12, 2017

Scary what is happening at the University of Virginia. #Charlottesville

— ☧Sacerdotus™ (@Sacerdotus) August 12, 2017

In the end it all comes down to corrupt politicians-media trying to segregate ethnicities with organizations like BLM and #Charlottesville pic.twitter.com/zLday05G37

— TheChairSniffer (@TheChairSniffer) August 12, 2017

Free speech & expression is a
Constitutional right. The #Charlottesville March is no different than the Million Man March. Different races.

— ☧Sacerdotus™ (@Sacerdotus) August 12, 2017

I will continue to update this post as I learn more. Hopefully, everyone will calm down and will resort to discussing how to remedy the existence of White Supremacy groups in America.






Source:

https://www.nytimes.com/2017/08/12/us/charlottesville-protest-white-nationalist.html 

http://www.cnn.com/2017/08/12/us/charlottesville-car-crash-suspect-idd/index.html 

http://abcnews.go.com/US/car-hits-crowd-protesters-white-nationalist-rally-virginia/story?id=49179590 

http://thehill.com/homenews/news/346359-horror-and-hate-in-charlottesville 

http://www.bbc.com/news/world-us-canada-40914643 

https://www.washingtonpost.com/local/tensions-as-white-nationalists-gather-in-charlottesville/2017/08/12/895a15e6-7f53-11e7-83c7-5bd5460f0d7e_gallery.html?utm_term=.b176c08cf90b

NYPD Officer Miosotis Familia Shot & Killed

It has happened again. An NYPD officer was ambushed while sitting in a mobile command center truck on Creston Avenue and 183rd Street. I know the area well. A cousin of mine used to live nearby and a friend from St. Nicholas of Tolentine parish also lives on the block. The area is known for heavy crime, shootings and drug activity. This was why the command center truck was parked there monitoring things. Police Officer Miosotis Familia, 48 and of Dominican descent was sitting with her partner doing her job on the Fourth of July during late night hours. At around 12:30 a.m., she was ambushed and shot in the head via the window of the truck's door. The attack was not preventable.

It just came out of nowhere and unprovoked. The attacker was Alexander Bonds, 34 and on parole. Witnesses say that he walked out of a bodega and shot the officer for no apparent reason. A motive is still being investigated and most likely has to do with hatred for law enforcement. Her police partner can be heard on radio records panicking as she shouted for help. The ordeal must have been overwhelming. Almost immediately, nearby officers tracked Bonds. He pulled out the weapon he used to assasinate Familia, but the officers shot and killed him. One innocent bystander was struck by a bullet. It is not sure if the bullets was from Bonds' weapon or the NYPD responding officers. The bystander was shot in the stomach and was taken to the hospital. A silver revolver was found at the scene after Bonds was shot dead.  According to Infowars, Bonds was a Clinton supporter and hated cops.

Officer Familia was rushed to St. Barnabad Hospital, a hospital I also know well. I used to visit patients there and helped the late Monsignor McGarry who was the chaplain. My mother also worked there. It is the main trauma center in the Bronx. However, the talents of the medical staff was not enough to help Officer Familia. She succumbed to her head shot would and was later transported to Bellevue Hospital which is the place I was born. The news is heartbreaking. Familia leaves behind three children. Two twins and and older daughter. The NYPD is once again in morning. It seems that this is starting to become a pattern. In the past few years, officers have been gunned down in NYC. See these old posts:

http://www.sacerdotus.com/2015/01/nypd-officers-shot-in-bronx.html

http://www.sacerdotus.com/2015/05/nypd-officer-brian-moore-shot-passes.html

http://www.sacerdotus.com/2015/10/nypd-officer-shot-in-head-killed.html?m=1

The Black Lives matter propaganda seems to be the main culprit from inspiring hate against police officers nationwide. I have friends from high school who are officers and worry about them constantly. Moreover, my nephew participated in the NYPD explorers program and got to know officers personally. News of officers being shot and killed is heartbreaking. I cannot imagine how Familia's children and family must feel right now. Imagine celebrating the Fourth of July with your mother and then hours later learning that she is dead. It is just sad. My thoughts and prayers go out to her family and the NYPd family. This will be a hard time for everyone. The judicial system must do better and not let criminals out so fast. They tend to repeat their crimes.

I am not sure if a Gofundme page has been set up to help Familia's family. If I find out anything, I will update this page.  In the mean time, I recommend contacting the PBA to inquire about donations:


Patrolmen’s Benevolent Association
125 Broad Street, 11th Fl.
New York, NY 10004-2400
Phone:  (212) 298-9100

Benefits Office:
Phone: (212) 349-7560

https://www.nycpba.org/contact.html



Here is reaction on Twitter to the shooting:

FIRST PHOTO: This mobile command unit is where Officer Miosotis Familia was fatally shot overnight at she sat inside in "unprovoked attack." pic.twitter.com/zibfn8JjoM

— Anthony DiLorenzo (@ADiLorenzoTV) July 5, 2017

WATCH: Final salute for fallen NYPD Officer Miosotis Familia. CBS2's @MagdalenaDoris reports https://t.co/Orc11IaOon pic.twitter.com/319QMNwB1d

— CBS New York (@CBSNewYork) July 5, 2017

The first processional for slain #NYPDOfficer Miosotis Familia from St Barnabas Hosp to Bellevue. Mother to 3 young children, 12 yrs on job pic.twitter.com/zVlwmZtGu6

— Kirstin Cole (@kirstincoletv) July 5, 2017

She was a devoted cop and mother of three.

Thursday's front: https://t.co/bKcgFUIUBL

DONATE to the News' fund: https://t.co/hivb78CwtM pic.twitter.com/2IIOP3Zhie

— New York Daily News (@NYDailyNews) July 6, 2017

Our hearts go out to the family of Officer Miosotis Familia. The NYPD veteran was killed doing her job. A city mourns for you and the NYPD. pic.twitter.com/DoYtdzuj2M

— Eyewitness News (@ABC7NY) July 5, 2017

Just for wearing the uniform her life was taken .. unreal .. RIP 🙏🏾 P.O Miosotis Familia E.O.W July 5th 2017 #NYPD pic.twitter.com/twp0HETYEs

— BigMelZz 🎱 (@BigMelZz) July 5, 2017

The NYPD says officer Miosotis Familia was assassinated in an "unprovoked attack" while on duty.https://t.co/E9oaArGw4S

— Twitter Moments (@TwitterMoments) July 5, 2017

Our condolences to the family and friends of @NYPD46Pct Officer Miosotis Familia shot and killed in the line of duty #NYPD #LODD D1

— Nashua Police (@NashuaPolice) July 5, 2017

R.I.P. P.O. Miosotis Familia pic.twitter.com/zJ2TlCNe7B

— Dr. Errol Toulon Jr. (@DrToulonJr) July 5, 2017

Our thoughts and prayers are with the Family of NYPD officer Miosotis Familia. pic.twitter.com/E09tMrBlmi

— 23 PCT Comm Council (@23PctCouncil) July 5, 2017

\

My thoughts & prayers go out to PO Miosotis Familia & family. She was shot in The Bronx on #July4th. She passed away. #restinpeace #NYPD pic.twitter.com/IedrOm8bsG

— Sacerdotus🇺🇸🎆 (@Sacerdotus) July 5, 2017

Source:

http://pix11.com/2017/07/05/nypd-officer-shot-in-unprovoked-direct-attack-in-the-bronx-dies-police/

http://www.washingtontimes.com/news/2017/jul/5/miosotis-familia-new-york-city-cop-fatally-shot-wh/

http://www.amny.com/news/miosotis-familia-s-family-devastated-by-nypd-officer-s-death-brother-in-law-says-1.13783180

https://www.infowars.com/anti-cop-hillary-supporter-assassinates-mother-of-three-in-unprovoked-attack/