Daniel Penny Charged For Jordan Neely's Death
The legal debate hinges on whether or not Penny’s use of the rear naked choke was excessive.
Alvin Bragg is charging Marine Daniel Perry with manslaughter for the chokehold death of Jordan Neely. I wrote about this case previously here and broke down the use of the rear naked choke with MMA champ and Special Forces Operator Tim Kennedy here.
“We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree,” a spokesman for Manhattan District Attorney Alvin Bragg said in a statement. “We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow.”
Neely’s family didn’t hold back in expressing their disappointment that it wasn’t murder charge, claiming that Penny wanted to “kill” Neely:
Neely’s uncle, Christopher Neely, told The Post he was disappointed Penny was being charged with manslaughter and not murder.
“Manslaughter suggests an accident. This was no accident,” Neely, 44, said Thursday evening.
“There was intent to kill and that’s murder.”
If Daniel Penny is responsible for killing Jordan Neely, then Neely’s family is culpable for apparently not caring until he scared passengers enough that some of them felt compelled to defend themselves, particularly Penny. Where was this uncle when Jordan Neely was going through the throes of addiction? Where was this uncle when Jordan Neely was punching elderly passengers in the face? Where was this uncle when Jordan Neely tried pushing innocent passengers onto the train tracks? Was that not an intent to “kill?” Were they not concerned that he was homeless and claimed to be starving? They’re concerned enough now to tell the press that Penny is a murderer but they weren’t concerned enough to get their family member help when he began assaulting people? They weren’t concerned enough then to get him off the streets? To get him shelter? A roof? Tell me again who the crueler party is here.
It always seems that those absent when the deceased needed help the most give the loudest pharisaical performances of grief. They want to honor his memory, which they apparently value more than his life.
The legal debate hinges on whether or not Penny’s use of the rear naked choke was excessive. (“Excessive” is a descriptor only reserved for use of force in defense, never for criminal offenses or criminal behavior.)
It’s hard to judge from a short video clip that shows Neely still thrashing about as other passengers assist him (they noted Penny placed Neely in a recovery position); Penny was apparently trying to contain Neely until law enforcement arrived. Bragg clearly doesn’t think he can convince a jury that Penny intended to kill Neely, but he also disregards the situation into which his lawless office and the lawless culture of “restorative justice” places people like Daniel Penny — or Jose Alba. The message from these corrupt prosecutors is that if you try to defend yourself or others from becoming the next Tommy Bailey, you’ll be prosecuted.
This is the same city where lawyers once argued that police had no obligation to protect another subway hero who was injured after subduing a murderer on a killing spree after one of the officers hid because he thought the killer was armed.
Meanwhile, in my hometown of St. Louis, Soros-backed Kim Gardner declines to pursue serious charges in this case:
Kim Gardner, the top prosecutor in St. Louis who announced her resignation last week, decided to drop charges against a suspect in a shooting on Saturday. Amber Booker, 33, was arrested after the incident left two people shot during a Cinco de Mayo festival. Police shared a photograph of a woman suspected to be Booker holding a gun, but Gardner’s office said there is a "lack of evidence" to prosecute.
The same government whose corrupt DAs refuse to prosecute violent offenders now wants to charge you if you use force to defend yourself against them. Self defense isn’t vigilantism but you will absolute create vigilantism if you keep punishing people trying to defend themselves while their attackers are protected and venerated.
Daniel Penny Charged For Jordan Neely's Death
Sounds like an origin story developing. Maybe Snake Plissken?
So even a citizen can't, nor a Police Officer, nor former Military personal can restrain someone with a hold they have been trained to use to subdue a combative person who has assaulted many people over the years.