Showing posts with label Duty to Retreat. Show all posts
Showing posts with label Duty to Retreat. Show all posts

Friday, December 6, 2024

Daniel Penny Trial Update VI

Title: The Daniel Penny Trial: A Complex Journey Through Justice

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. As the trial progresses, recent developments have added layers of complexity to an already intricate case. This blog post delves into the latest updates, including the dropping of charges and the jury's deadlock.

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 25-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, on the other hand, contended that Penny acted in self-defense and in defense of other passengers on the subway.

Jury Deliberations and Deadlock

The jury began deliberations on the charges against Penny 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. The defense requested a mistrial, arguing that the Allen charge could be coercive. However, Judge Wiley denied the request, stating that it was too early to declare a mistrial and encouraged the jury to continue their deliberations.

Dropping of the Manslaughter Charge

On December 6, 2024, after further deliberations, the jury informed the judge that they were still unable to reach a unanimous decision on the manslaughter charge. In response, the prosecution agreed to dismiss the manslaughter charge to allow the jury to consider the lesser charge of criminally negligent homicide. The defense again requested a mistrial, but the judge granted the prosecution's request, allowing the jury to focus on the remaining charge.

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

As the jury continues to deliberate on the charge of criminally negligent homicide, the outcome of the Daniel Penny trial remains uncertain. The case serves as a reminder of the complexities 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.

If Penny is exonerated, this will lead to an open season on the homeless, mentally ill and vigilantism. People will be killed just for acting strangely or screaming.  Citizens will take it upon themselves to become "heroes" and kill people under a false pretense of "self-defense."  


Sources:

: [ABC News](https://abcnews.go.com/US/daniel-penny-jury-trial-vote-jordan-neely/story?id=116404879)

: [MSN](https://www.msn.com/en-us/news/crime/daniel-penny-trial-top-manslaughter-charge-dismissed-in-nyc-subway-chokehold-case-after-jury-deadlock/ar-AA1vpMbr)

: [NBC News](https://www.nbcnews.com/news/us-news/jury-daniel-penny-trial-tells-judge-cant-reach-agreement-manslaughter-rcna183185)

: [MSN](https://www.msn.com/en-us/crime/general/jury-in-daniel-penny-trial-tells-judge-they-can-t-reach-agreement-on-manslaughter-charge/ar-AA1voU4m)

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

Tuesday, December 3, 2024

Daniel Penny Trial Update V

Title: The Daniel Penny Trial: Closing Arguments and the Path to Justice

The trial of Daniel Penny, a former Marine charged with manslaughter and criminally negligent homicide in the death of Jordan Neely, has captivated public attention and sparked intense debate. As the trial reaches its final stages, the closing arguments presented by both the prosecution and the defense offer a comprehensive view of the case and its broader implications.

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 25-year-old Marine veteran, intervened and restrained Neely in a chokehold for nearly six minutes, leading to Neely's death.

Prosecution's Closing Arguments

The prosecution, led by Assistant District Attorney Dafna Yoran, argued that Penny's actions were reckless and excessive. They emphasized that Penny held Neely in a chokehold for far too long, even after Neely ceased to be a threat. The prosecution presented evidence from the city's medical examiner, who concluded that the chokehold caused Neely's death. They also highlighted video footage showing Penny demonstrating the chokehold to police, which they argued showed a clear understanding of the potential lethality of his actions.

Yoran stated, "Under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary and for only as long as is absolutely necessary. And here, the defendant went way too far". The prosecution contended that Penny's actions were not justified and that he acted with indifference to Neely's life.

Defense's Closing Arguments

The defense, represented by attorney Steven Raiser, painted a different picture. They argued that Penny acted in self-defense and in defense of other passengers on the subway. Raiser described Neely as "violent and desperate," causing passengers to be "frozen with fear". The defense contended that Penny did not intend to kill Neely but was forced to maintain the chokehold out of fear that Neely would break free and pose a further threat.

Raiser also challenged the prosecution's medical evidence, presenting an alternate theory that Neely's death was caused by a combination of factors, including a genetic condition, synthetic marijuana in his system, and the struggle itself. The defense argued that Penny's actions were not those of a vigilante but of a concerned individual trying to protect others.

Key Testimonies and Evidence

Throughout the month-long 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 watched videos 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

As the jury prepares to deliberate, the closing arguments have provided a comprehensive overview of the case and the key issues at stake. The outcome of the trial will have far-reaching implications, not only for Daniel Penny and Jordan Neely's family but also for broader societal discussions on justice, safety, and mental health. The trial serves as a reminder of the complexities involved in such cases and the importance of a fair and thorough judicial process.

---

: [ABC News](https://abcnews.go.com/US/closing-arguments-daniel-penny-trial-jordan-neely/story?id=116198488)

: [MSN](https://www.msn.com/en-us/news/crime/daniel-penny-trial-enters-closing-arguments-in-jordan-neelys-subway-chokehold-death/ar-AA1v7azd)

: [ABC News](https://abcnews.go.com/US/closing-arguments-expected-monday-daniel-penny-trial/story?id=116350793)

: [AP News](https://apnews.com/article/daniel-penny-nyc-subway-chokehold-death-trial-f1c93630217a3abb9e675db465ebe272)

: [NBC New York](https://www.nbcnewyork.com/news/local/crime-and-courts/daniel-penny-trial-closing-arguments/6031882/)

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

Wednesday, November 20, 2024

Daniel Penny Trial: Update IV

The Latest Developments in the Daniel Penny Trial

The trial of Daniel Penny, a former Marine, has been a focal point of public attention due to the tragic circumstances surrounding the death of Jordan Neely on a New York City subway in May 2023. Penny is facing charges of second-degree manslaughter and criminally negligent homicide for allegedly fatally choking Neely, a homeless man known for his Michael Jackson impersonations. This blog post provides a detailed overview of the latest developments in the trial, including witness testimonies, video evidence, and expert analyses.

Background of the Case

On May 1, 2023, Jordan Neely boarded a northbound F train in Manhattan. Witnesses reported that Neely, who was experiencing homelessness and mental health issues, began behaving erratically, shouting that he was hungry, thirsty, and unafraid of going to jail. Daniel Penny, a 26-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. His death was ruled a homicide by compression of the neck.

Key Developments in the Trial

1. Prosecution's Case:

   - The prosecution has argued that Penny's actions were reckless and that he used excessive force by maintaining the chokehold for nearly six minutes. They have presented video evidence and witness testimonies to support their case.

   - Dr. Cynthia Harris, the medical examiner who performed Neely's autopsy, testified that Neely's cause of death was asphyxia due to neck compression. She concluded that there were no alternative reasonable explanations for Neely's death other than Penny's chokehold.


2. Defense's Case:

   - The defense has focused on portraying Penny as a responsible and empathetic individual who acted in self-defense. They have called several character witnesses, including Penny's mother, Gina, and fellow Marines who testified to his integrity and calm demeanor.

   - A forensic psychiatrist, an expert witness for the defense, reviewed Neely's psychiatric records and testified about Neely's severe mental illness, including schizophrenia and K2 abuse. The psychiatrist highlighted Neely's history of paranoid fears and erratic behavior.


3. Witness Testimonies:

   - Witnesses on the subway described Neely's behavior as threatening and aggressive. One witness, Eric Gonzalez, testified that he assisted Penny in restraining Neely, hoping that 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.

   - 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.


4. Video Evidence:

   - 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 taken by witnesses on the subway were also presented in court. These videos showed Penny maintaining the chokehold even after Neely had stopped moving.


5. Character Witnesses:

   - Penny's mother, Gina, testified about his upbringing, emphasizing the values of honesty, humility, and kindness that he was taught. She described Penny as a well-rounded individual who excelled in school, sports, and music.

   - Fellow Marines testified about Penny's reputation for being calm, peaceful, and empathetic. They highlighted his receipt of a Humanitarian Service Medal for his work during the Hurricane Florence response in 2018.

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 [CBS News](https://www.cbsnews.com/newyork/news/daniel-penny-nyc-subway-chokehold-trial-defense-day-1/), [MSN](https://www.msn.com/en-us/news/crime/daniel-penny-trial-live-updates-subway-chokehold-case-back-in-court-tuesday/ar-AA1tWKMt), and [Yahoo News](https://news.yahoo.com/news/marines-served-daniel-penny-witness-184517844.html).

Daniel Penny defense witness says 'chokehold did not cause the death' of Jordan Neely | Fox News

Defense's forensic pathologist disputes Medical Examiner's chokehold death claim in Daniel Penny trial - ABC7 New York

Psychiatrist drops bombshell testimony about Jordan Neely - after prosecutors tried to silence him from Daniel Penny's chokehold trial | Daily Mail Online

WATCH The Interrogation of Daniel Penny | The Free Press

NYC prosecutes Daniel Penny, allows career criminals to run free | Watch

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

 

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