The Marine was trying to save the innocent bystanders from a dangerous threat. His intentions were solid and his actions courageous. Turning a dangerous actor into a victim is the left's classic playbook. Because they reject accountability at every turn. It's never their fault and the 'victim' is always a saint... The true victims are the communities that are being destroyed by a lack of family structures, poor culture, and poor education. It's undeniable.
Unless it’s for justifiable self defense, you likely would be charged for second-degree manslaughter or criminally negligent homicide with a one-punch kill.
Except a chokehold by definition is one that could lead to death if applied excessively. That would be different than something like a wrestling hold or a control hold. The George Floyd case is precedent that you can’t hold someone excessively in a hold that continues to inflict damages. Because Penny is not an LEO the argument will be he wasn’t aware of how much damage he might be doing. If the argument is that Penny knew what he was doing and continued it anyway because “you hold them until they are no longer threat” that would cement the manslaughter charge.
7-8 min police response time doesn’t provide evidence of how long the chokehold was applied without information on when the call was made relative to the start/end of the chokehold. 15min +/- a few mins probably doesn’t mean much. I read you can kill a person in just a 1-2 mins of the procedure and the medical examiner has already ruled it was a homicide.
Yes it’s a big question how long Neely was actually being choked and likely that will be a big part of the Defense. From what I’ve seen I can’t answer that for certain but it is clear that Neely was held for awhile after he was unconscious. With a proper choke it can take as little as 8 seconds for unconsciousness continuing the choke on past unconsciousness for a minute or more could be lethal or at least cause brain damage. Also as kn the Eric Garner case a choke causes an enormous stress to the body and death could be caused from cardiac failure. In the video of I’ve seen you do see Penny release the choke and someone else turn Neely on his side. The problem is that by then Neely is already dead.
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Take the word of the murderer. I’ll take the word of the witnesses who had a different take on what happened.
I haven’t seen much new evidence but I think the evidence doesn’t look good for Penny but it’s not open and shut. My own view is that there are two key issues: 1. Was Neely a direct threat enough of that it called for a physical response? From evidence according to witnesses and even Penny himself this will be hard to argue as he was verbally threatening but not physical. He does have support thought that bystanders didn’t oppose his actions and even helped him. That is a big difference from the situation with George Floyd where bystanders were telling Chauvin that he was killing Floyd. 2. How long was the chokehold actually on. This is very unclear and might be difficult to determine given that while they may be struggling for several minutes when the hold comes on is not clear. Negligence or willful depravity might the hard to prove if can be shown that Penny wasn’t aware of how long the choke actually was on and had no intention of killing or even inflicting serious harm in Neely. Here there is both video evidence that he let go of Neely when he was unconscious and a bystander did turn Neely toy he recovery position.
This article said 5 calls were made to 911, possibly more, with someone thinking Neely was armed. https://www.msn.com/en-us/news/crim...s-to-911-before-jordan-neely-died/ar-AA1aUTWg Multiple witnesses thought Neely was dangerous.
5 people called before the chokehold or during? Because that's a major distinction right? Before the chokehold, would imply they called because it was obvious Neely was violently dangerous. If the calls happened during the hold, well, then ya two men physically confronting each other is going to garner calls.
One call at 2:25, another at 2:26, two calls at 2:27 (one reporting a weapon). 2:29 is the first call with reports of an assault in progress. But then 2:30 is another call coming in as threats. Police claim they arrived within 5 minutes of the first call, so that'd make their arrival at 2:30pm. With that info, you could safely say 4 people called before the hold happened. The video was around 2-3 minutes long if I remember. Without seeing the metadata, it probably started at 2:28pm based on the other time stamps. There clearly was no 15-minute chokehold.