May 11, 2023

"Daniel Penny, the 24-year-old Marine veteran who choked and killed a homeless man on the subway last week, will face a charge of second-degree manslaughter..."

"The police interviewed Mr. Penny, but initially released him without charging him. The struggle on the F train was captured in a four-minute video showing Mr. Penny choking [Jordan] Neely and holding on for an additional 50 seconds after Mr. Neely stopped struggling. The video set off protests, and the Manhattan district attorney’s office began investigating soon afterward."


"Left-leaning politicians criticized Mayor Eric Adams for his muted initial response to the killing. But on Wednesday, the mayor gave a speech in which he said Mr. Neely’s 'life mattered' and that his death was a 'tragedy that never should have happened.' He did not make any references to Mr. Penny, however, and a spokesman for his office did not immediately comment on the district attorney’s decision to charge him."

49 comments:

RMc said...

Meanwhile, the arsonists/murderers...er, I mean "peaceful protesters", walk free. Wotta country.

BUMBLE BEE said...

I'M OUTRAGED.
Where is Penny's GoFundMe? Oh... He doesn't get one????

Clyde said...

I'll say it: Neely was a menace and a nuisance, and the subway will be a better place without him.

iowan2 said...

Don't good Samaritan laws kick in here?

Now the charge is out there, negotiate a plea. Misdomener, parole, no jail time.

The biggest role of police is to protect the criminals...from us. Bragg is going to learn this the hard way.

BUMBLE BEE said...

Kitty Genovese is unavailable for comment.

Rusty said...

" But on Wednesday, the mayor gave a speech in which he said Mr. Neely’s 'life mattered' and that his death was a 'tragedy that never should have happened."
If his life mattered why was he released to threaten subway riders 43 times? Don't subway riders lives matter too. No it never should have happened if he'd been locked up in on of his 43 arrests.

Jeff Vader said...

Based on the comment section, he has a 50% chance of getting the chair

Yancey Ward said...

It is manslaughter- I have no reason to doubt that Penny's actions killed Neely- but if I am on the jury and the witness statements about what happened prior to Penny taking Neely down hold up, then I vote not guilty. In a more civilized society where the police could be depended on to show up and prevent the violence Neely was verbally threatening, I might be convinced that this was unjustified homicide, but not in present day New York City- no fucking way I convict this guy.

Dave Begley said...

Why would any person ride the NYC subway today?

No good deed goes unpunished. The thing is with NYC juries, he’s probably convicted. As in MN, judges and jurors don’t want to be attacked by the BLM mob.

Jimmy said...

Another example of the glorious 'justice' system in America. It's cute that people actually believe in it still.
Tell me again how you will vote and change all of this-I love to hear delusional scenarios.

Paul Doty said...

That's the reward for "white knighting."

WWIII Joe Biden, Husk-Puppet + America's Putin said...

Mr. Penny is a hero.

Michael K said...

I would like to know how the Marine killed Neeley, the crazy on "Spice", when he was at the hospital? Remote control?

Mason G said...

NYC? If you're not a criminal or a willing victim, you have no business living in that sewer.

BG said...

There is a GiveSendGo campaign for Daniel Penny's legal defense fund. Contributions are flowing in like crazy.

Owen said...

Do we know if Neely was high when he died? How about some facts before convicting Penny?

Oh: wait. This is NY City, “white on black.” Never mind about facts, then.

wendybar said...

Let the criminals take over Democrat cities. Who cares at this point?? Fence the cities in and let them go. The people there don't care, or they would have voted for Lee Zeldin and Curt Sliwa for Mayor. They are doing this to themselves.

Mr. T. said...

This is great news!


For U-haul.

Already facing an unprecedented exodus to non-looney left states, New York seems hell bent on driving out any law-abiding citizens who's only crime is not wishing to be attacked by crazed drug vagrants on the subway.

Lawlizard said...

Now we know why Batman wore a mask. Gotham city indeed.

Narayanan said...

I would like to know how the Marine killed Neeley, the crazy on "Spice", when he was at the hospital? Remote control?
==========
thanks - I was not following too closely : had the impression he died on subway car!!!

Robert Cook said...

"I'M OUTRAGED.
Where is Penny's GoFundMe? Oh... He doesn't get one????"


He can get one if someone creates one for him. Anyone can do it. Why don't you take the initiative?

Mary Beth said...

BUMBLE BEE said...

Kitty Genovese is unavailable for comment.

5/11/23, 7:32 PM


I was just thinking about this the other day. Although the original NYT Kitty Genovese story misrepresented what happened, our society is working towards making the next Kitty a reality.

Michael K said...

I would like to know how the Marine killed Neeley, the crazy on "Spice", when he was at the hospital? Remote control?

5/11/23, 8:20 PM


Did the news say that he was alive on the way to the hospital and died there or did it just say that he was declared dead at the hospital?

WWIII Joe Biden, Husk-Puppet + America's Putin said...

"Jordan Neely had a troubling history of violent attacks on straphangers in New York City before the disturbed man reportedly threatened passengers and Marine vet Daniel Penny allegedly put him in a fatal chokehold.

The 30-year-old vagrant, who once performed as a Michael Jackson impersonator, had been arrested dozens of times – including most recently for vicious assaults on subway riders, court records show.

In 2021, Neely socked a 67-year-old woman as she exited the Bowery station in the East Village in Lower Manhattan.

The woman sustained a broken nose, a fractured orbital bone, and "bruising, swelling and substantial pain to the back of her head" in the Nov. 12 attack, according to a criminal complaint."

"From January 2020 to August 2021, he was arrested for public lewdness after pulling down his pants and exposing himself to a female stranger, misdemeanor assault for hitting a woman in the face, and criminal contempt for violating a restraining order. All three cases were dismissed as part of his Feb. 9 plea deal.

In June 2019, Neely attacked Filemon Castillo Baltazar, 68, on the platform of the W. 4th St. Station in Greenwich Village, according to the court papers.

"Out of nowhere, he punched me in the face," the victim told the New York Daily News. He said he'd seen Neely before looking for food in the trash bins. "

"One month prior, he hit a man so hard in the face that he broke his nose on the platform of the Broadway-Lafayette station – the same subway stop where he died four years later.

For both 2019 cases, he pleaded guilty to misdemeanor assault and was sentenced to six months in jail."

But he didn't stay in jail or in treatment - because the left really have a great handle on this. worship the left, peons.

Galitan said...

The article's most popular comments support Perry overwhelmingly (as of 9am ET). The comments suggest that enough New Yorkers have themselves experienced harassment from mentally ill individuals to make an acquittal at least possible. This is encouraging but unexpected. Perhaps we're in the early stages of a much needed pushback against the chaos, disorder, and crime being facilitated by DAs such as Bragg.

Marcus Bressler said...

Someone threatens me on the NYC subway and I am in fear of my life, they get one to center mass and then two to the head. Another POS gone.

MarcusB. THEOLDMAN

retail lawyer said...

What does Mr. Neely's life matter for? Has he ever done anything useful for anybody?

Robert Cook said...

"I'll say it: Neely was a menace and a nuisance...."

Yes...but what degree of physical force is necessary and appropriate in a given situation? Given that Neely was incapacitated in a hold he could not escape, did Penny have to maintain the hold until Neely expired? Was Neely fighting up to the last second? Was Penny not able to moderate his hold such that suffocation would not occur? Is it possible Neely died due to his own physical state, and that another person held fast in the same hold would not have died?

Penny should certainly be commended for intervening if Neely was menacing people on the train, but one reason why vigilantism is generally not legal or recommended is to prevent intentional or accidental (and unwarranted) injury or deaths that can result. The police are trained in means of subduing violent persons--as was Penny as a Marine--but, more pertinent, they are charged with the legal responsibility to appraise the threat situation and apply the appropriate physical means to safely protect the public with the least harm to anyone. This is to state the ideal, of course, which too often is not met, given how needlessly violent and deadly the police too often are. In some such cases--too few--the police can be officially sanctioned or even criminally prosecuted, (e.g., Officer Derek Chauvin and George Floyd). If even the police can be sanctioned for inappropriate use of force, why would not a civilian?

I'm not advocating for Penny to go to prison, or even, necessarily, to be prosecuted. (Someone above said: "How about some facts before convicting Penny?" He hasn't been convicted, or even tried.) It appears Penny did the right thing. However, it is necessary to follow standard legal procedure to ascertain the facts whereby to determine the appropriate response. If we are too quick to absolve citizens for their use of force without sufficient official scrutiny--especially when death results--we will see many more of the more worrying incidents such as have been reported recently, of homeowners shooting innocents who happened to pull into the wrong driveway, to push the wrong doorbell, to step into a yard, etc.

As per the discussion about Bernhard Goetz a few days ago, Goetz was widely (and wrongly) seen as a "hero," due to misreporting of the facts of the incident. The facts reveal Goetz had no cause to shoot those young men and that Goetz was the only real menace on the subway that day. Penny's case appears to be much more favorable to his having cause to take the action he took, based on the facts as reported so far, but it is appropriate and necessary that the incident be legally scrutinized.

M Jordan said...

Eric Adams’ initial response puzzled me. Why wouldn’t he jump on this to show his progressive bonafides? Low-hanging fruit here. So I began speculating. Maybe he had puppet masters above him saying “No. We run everything now and we would own the riots.” Or maybe himself is troubled by subway/homeless/etc. violence. Maybe he looked at this as the opposite: an opportunity to show nervous NYers he wasn’t another Mayor Dinkins. Or maybe he knows we’re one protest match away from destruction.

I’m going with the first: the puppet masters are skittish. As well they should be. Trump is back in town.

Robert Cook said...

"NYC? If you're not a criminal or a willing victim, you have no business living in that sewer."

How to let people know you've never been to NYC without saying you've never been to NYC.

Cappy said...

Liberals just want to murder normal people.

sean said...

I ride the subway every day, but if I saw someone threatening or assaulting a woman, I certainly wouldn't do anything. Who would want to be vilified and prosecuted that way? Only an idiot.

Robert Cook said...

"It is manslaughter- I have no reason to doubt that Penny's actions killed Neely- but if I am on the jury and the witness statements about what happened prior to Penny taking Neely down hold up, then I vote not guilty. In a more civilized society where the police could be depended on to show up and prevent the violence Neely was verbally threatening, I might be convinced that this was unjustified homicide, but not in present day New York City- no fucking way I convict this guy."

Wait...was Neely only making verbal threats? No actual physical violent gestures or actions? Then perhaps Penny acted precipitously and without cause. Again, good cause for the authorities to scrutinize the facts of the matter closely and carefully.

"Present day New York City"...is one of the safest big cities in the US. A little nugget from Counterpunch this morning:

"In 1990, there were 22,000 felonies committed on the New York subway system. Last year, there were 2300." (In searching online I can only find NYC Police Dept. stats from January - August 2022, for a total of 1507 felonies for that portion of the year.)

2300 (if Counterpunch is accurate) felonies in an annual ridership population of approximately one billion in 2022? That is an infinitesimal fraction of tenths of tenths of a percent!

Mark said...

Why report accurately when you can push a narrative and inflame the situation?

The video does NOT show him "choking" the man, but applying pressure to the carotid artery. It shows him using reasonable force to incapacitate him.

Mark said...

It is manslaughter- I have no reason to doubt that Penny's actions killed Neely

The mere fact of death is not enough to constitute manslaughter. They have to prove that the defendant was at least negligent and/or unreasonable in the use of force. One can be completely reasonable and using due care (not-negligent) and still have death as an accidental result.

No need for jury nullification here. He could be found not guilty precisely on the facts as they have already been reported.

DanTheMan said...

He's been charged with manslaughter... he used too much force to stop a violent attacker.
Now do Lt. Michael Byrd... who shot Ashli Babbit for trespassing.

HoodlumDoodlum said...

You're on your own, folks.
I'll protect my family and myself but the rest of you are on your own.
"Why didn't anyone help her?!"
Good luck.

Remember the Army Sgt. in SC who got a 30 day jail sentence for shoving and chasing off a kid who was harassing young women who asked the Sgt. for help? That should have been enough of a lesson for helping out your neighbors; this one should be enough of a lesson about helping out strangers.

HoodlumDoodlum said...

Just a reminder of what kind of punishments some people get for, you know, aggravated manslaughter: Dunkin Worker Who Fatally Punched 77 year Old Customer Sentenced to 2 Years of House Arrest

Elderly man calls a 27 year old employee a racial slur, employee comes around the counter, dares him to say it again, he does, employee (a black man) punches elderly man (white), he's knocked out and fractures his skull, dies 3 days later in the hospital. Employee is charged with felony aggravated manslaughter (aggravated due to victim's age), allowed to plead to felony battery and given no jail time.

The prosecutor said it was a just outcome: "This outcome holds the defendant accountable while taking into account the totality of the circumstances—the aggressive approach and despicable racial slur used by the victim, along with the defendant’s age, lack of criminal record, and lack of intent to cause the victim’s death," said Grayson Kamm, a spokesperson for the Hillsborough State Attorney's Office in a statement to FOX 13.
Prosecutors said it was important that there were consequences for Pujols' actions, but did take into account Cook's abusive behavior, "very troublesome criminal history" and prison time, which they said made him an "unsympathetic victim."


This time, though, someone's "aggressive approach" isn't supposed to matter and the victim's criminal history isn't supposed to matter. Oh well!

William said...

Any chance some prominent Black politician will go all Atticus Finch and take up the cause of this white man?....I saw the news on WABC. They showed an extremely flattering still photo of Neely. Then they showed a brief snippet of him in a head lock with his eyes rolling. He was in restraint but his legs were kicking around. How were the people holding him down to know what he would do after they relaxed their restraint?....The news as it is being reported is just not fair. There are videos of Neely saying vile things and acting in a way that makes you wonder what he's going to do next. These are not shown....God help Penny if there's anything untoward on any of his social postings. You can be sure that such postings will be reported on in depth.....I hope he picks up a million bucks for his legal defense fund, but this will not end well for him.

Larry1984 said...

Ya know, they should have at least waited until until Neely killed someone, ya know.

Larry1984 said...

Ya know, they should have at least waited until until Neely killed someone, ya know.

Clyde said...

No good deed will go unpunished.
No beekeeper goes unstung.

Robert Cook said...

"This time, though, someone's 'aggressive approach' isn't supposed to matter and the victim's criminal history isn't supposed to matter. Oh well!"

How do you know? The matter hasn't yet been adjudicated.

HoodlumDoodlum said...

Robert Cook said...How do you know? The matter hasn't yet been adjudicated

I'm referring to the coverage/discussion of the two cases, not the final outcome in court. In this case I've repeatedly read that Neely's extensive past history of violence, including in situations that seem very similar to this one, aren't relevant since the people on that train couldn't have known it. In the Dunkin' case I repeatedly read that the dead man's criminal history was relevant, showed what a bad person he was, etc (the article quotes the prosecutor saying he would have been an "unsympathetic victim").

Wait...was Neely only making verbal threats? No actual physical violent gestures or actions?,

Almost all accounts I've seen say he was making loud threats, walking quickly, and took off his shirt or jacket and threw it down. I'm not sure if you've seen many fight videos lately but someone ripping off their shirt (Southpark Randy Marsh-style) frequently precedes them thrown a punch.

NYPost - Witness Thanked Perry, Praying for Him After Neely Death

“He said, ‘I don’t care. I’ll take a bullet, I’ll go to jail’ because he would kill people on the train,” the woman said of Neely. “He said, ‘I would kill a motherf—er. I don’t care. I’ll take a bullet. I’ll go to jail.’”

The retiree said Penny did not initially engage with Neely during the wild rant until things got out of hand and he felt the urge to step in.
“This gentleman, Mr. Penny, did not stand up,” the rider said. “Did not engage with the gentleman. He said not a word. It was all Mr. Neely that was … threatening the passengers. If he did not get what he wants.”

“‘Gonna go to jail for life’? What? What penalties involve going to jail for life?” she wondered. “Could you tell me? Yeah, it’s not kicking somebody in the shin, or punching somebody in the face.”

Sounds like other passengers reasonably interpreted Neely as posing an immediate threat. But it doesn't matter; Perry has been arrested now. Can't un-arrest him! We'll see where it goes, but to a substantial portion of the country he's forever branded.

BG said...

Penny's defense campaign is now over half a million dollars. Something tells me people are pissed he's going to be charged.

William said...

Darren Wilson, the police officer who shot Michael Brown, had his life turned upside down and inside out. The DOJ investigation exonerated him, but that didn't do him much good. He had to quit his job and move from his home. Wilson has chosen to live quietly and stay out of public view. This seems like a better strategy than the one George Zimmerman has adopted. Still, he had to quit his job and move from his home in order to have a life......I believe that Michael Brown had a history of bad behavior prior to his move on Wilson and that store clerk, but no person who had previously been mistreated by Brown came forward and no reporter sought them out. You can bet that the media did not extend this courtesy to Wilson.

Michael K said...

Cook is such a card:


2300 (if Counterpunch is accurate) felonies in an annual ridership population of approximately one billion in 2022? That is an infinitesimal fraction of tenths of tenths of a percent!


HAHAHAHAHAHA

Kirk Parker said...

Cookie totally conflates investigating and filing charges.

Robert Cook said...

"HAHAHAHAHAHA"

Non-responsive; no refutation provided. The NYC Police stats from Jan-Aug 2022 found online seem to align closely with the whole year stats provided on Counterpunch. Go back into your bunker.

Old and slow said...

On this occasion I think Robert Cook is speaking clearly and reasonably. You all ought to be more polite to a man like him This is not sarcasm in case you are wondering.