I think he'll get the lesser charge and won't face any prison time. I also echo the comments about vigilantism.
That is such a broad interpretation, If a giant guy with a mean looking face can put another person in fear of death. A mentally ill person screaming about violence is actually fairly common - I've seen it dozens of times. I have been confronted by someone like this. In that situation, avoiding eye contact and not doing anything to exacerbate the situation was key. You don't have to kill someone for being scary. And I don't think this statute would justify the killing of someone. But @Nook would have a better understanding than me.
Because the haven't yet? We'll see what happens. DA says they will re-try the case if necessary. I don't know what the difference between the 2 charges is.
All I did was answer your question about whether verbally threating someone is a crime in New York. If you look back at this thread, I actually said I thought Penny was likely in trouble. What you have personally done is irrelevant though.
The real factor should be a mentally ill person Threatening people Mentally ill black or white guy makes zero difference they let some mentally ill dude with a criminal history out and he shoots up a elementary school in California Of course the media won’t talk about it @ROXRAN @Salvy
Criminally negligent homicide, with up to 4 years, seems a more fitting charge. You don't put someone in a chokehold for up to 6 mins without having reservations of killing someone. 2nd degree manslaughter with up to 15 years seems too extreme. Having crazy schizophrenic passengers on the subway with history of assault seems to be a failure of the system. Bureacrats should up their game on the root causes rather than punishing people taking the law into their own hands to the fullest extent. All these replies about "looking down and avoiding eyesight" reads like anecdotes of old people far removed from the original situation. It's rolling the dice on the violent, mentally disturbed types and ignoring the issue until it happens to you.
Dude they are mentally ill homeless people. Make eye contact and it can set them off. The real issue here is why are seriously mentally ill people left to roam the streets and subways???
I’ve not only taught about this very situation but also dealt with it. Everyone should be aware of their situations including threatening or escalating bizarre behavior. If needed should be prepared to act in their own self defense or to protect others. At the same time though you need to be very careful about escalating a situation. Unfortunately with people mentally ill and / or under the influence you don’t know what will set them off so the best thing to do is to ignore them and not engage them with eye contact or other ways. I’ve had several encounters with mentally ill and / or intoxicated individuals like Neely. On a public transit. The only times I’ve actually had to physically engage them was when someone like that sat next to me on a bus in Minneapolis and tried to put his arm sound me to pull me close to talk to me. I calmly removed his arm Off and pushed it against his body. This was a position where it seemed like it was giving him a friendly pat on his arm but if he actually tried to harm me I could have limited his ability to attack. Another incident was on the subway in Boston where someone who appeared have Down Syndrome wanted to hug me and hold My arm while riding so just let them as he appeared to be harmless and still trying to figure out how to live independently. I will emphasize the difference between self defense and vigilantism. Self-defense is acting in response to an actual and immediate threat while vigilantism would seeking out to attack someone who wasn’t actually immediately threatening someone. For a situation like this would be if someone was striking you or someone else on the subway that would be self defense. Vigilantism would be taking out someone who appeared homeless and was just ranting but not actually attacking someone.
Weird. This is the advise that is given to minority children about dealing with Cops. Just make yourself small .. . . try to not have them notice you . . .. .and you won't be hassled . . ..mostly Rocket River
For killing a man. The things you guys celebrate and reward. Absolutely fascinating that they were deadlocked on a manslaughter, but not guilty on the lesser charge.
Penny should have used his mind reading abilities to determine that the mentally ill man was not concealing a weapon and had zero intention of doing physical harm to any of the innocent bystanders as he was acting irrationally. All of this could have been avoided.
Think about the message sent to that juror or jurors who were holding out for guilty, when that part of the charge was dropped? Maybe they believed in the case more than the judge and prosecutors, and maybe they should reconsider that belief.
