• Xenforo Cloud has scheduled an upgrade to XenForo version 2.2.16. This will take place on or shortly after the following date and time: Jul 05, 2024 at 05:00 PM (PT) We may experience a temporary downtime. Thanks for the patience.

Crime Guy RNCed on NY subway dies.

Rod1 said:
To be fair the other two guys weren't choking him.
Click to expand...

The other two were preventing Neely from being able to have any kind of defense.

They're accessories, and they'd be charged as accessories of manslaughter if they were white.
 
Rod1 said:
The DA isn't challenging that notion though, manslaughter 2nd implies there is no malicious intent to kill someone, just recklessness.
Click to expand...

And worthy of a 10 year prison sentence?

https://www.lawinfo.com/resources/c...untary-manslaughter-penalties-sentencing.html

Don't bullshit us by implying the district attorney, who wants another high-profile criminal case, analyzed the situation and concluded he had no choice but to prosecute Penny.

...after giving Neely 40+ slaps on the wrist.

You mentioned you agree Neely should have been in a jail cell that night rather than free. Its the NYC DA's attornies of the laat decade who are at fault for that one.
 
GearSolidMetal said:
The other two were preventing Neely from being able to have any kind of defense.

They're accessories, and they'd be charged as accessories of manslaughter if they were white.
Click to expand...

You can't be accessory for a crime that lacks criminal intent.
 
GearSolidMetal said:
In the moment his criminal record wasn't relevant.

He got on the subway and while it was in motion, meaning everyone was possibly his captive, he threatened everyone with physical violence by yelling he wasn't afraid to go back to jail and he's prepared to serve a life sentence.

Think about that, and that doesn't take into account Neely's history of violently assaulting innocents, including a man and woman in their 60s.

In that circumstance Penny was 100% justified in physically restraining Neely. His death was accidental and Penny's prosecution is purely political.

Go ahead, ask me how its political.
Click to expand...
Almost no one in this thread has argued that he was wrong for taking action. The problem people have is that he choked him for 3 minutes.

It’s kind of tedious constantly seeing people play this game where they pretend we have an issue him taking action. If he simply choked the guy out and let it go I there wouldn’t be an issue. I would be applauding the dude. That’s not what happened though. Let’s stop this silly game where you pretend we are condemning him for intervening and be honest, recognize what people are actually saying he did wrong.
 
GearSolidMetal said:
How about charging them for 'Civil Rights Violations?'
Click to expand...

What civil rights did they violated?

Like Darek Chauvin's fellow officers on the scene where George Floyd died?
Click to expand...

Can't you tell the difference between that case and this one?

My point being is is the prosecutor wanted to charge them, he'd charge them with anything. Period.
Click to expand...

Sure, any prosecutor can charge anyone with any BS they want, that shit would be thrown in court real fast though.

GearSolidMetal said:
And the reason why he's not charging them is blatantly obvious.
Click to expand...

They committed no crime, that's blatantly obvious.
 
Blayt7hh said:
Almost no one in this thread has argued that he was wrong for taking action. The problem people have is that he choked him for 3 minutes.
Click to expand...

Was it 3 minutes? Or 15 minutes?

The specifics of how long the choke was applied have been very sketchy, at best.

Cell phone footage has revealed Penny let the choke go and immediately put Neely on his side. That shows Penny wasn't wrecklessly cranking on the choke for minutes on end.

Rod1 said:
What civil rights did they violated?
Click to expand...
'Civil Rights Crimes' are, and always have been, vague and have been used only under the weakest of circumstances, like this one.

Rod1 said:
They committed no crime, that's blatantly obvious.
Click to expand...

Yeah, in the eyes of the DA, they committed no crime because they're not white.
 
GearSolidMetal said:
Was it 3 minutes? Or 15 minutes?

The specifics of how long the choke was applied have been very sketchy, at best.

Cell phone footage has revealed Penny let the choke go and immediately put Neely on his side. That shows Penny wasn't wrecklessly cranking on the choke for minutes on end.


'Civil Rights Crimes' are, and always have been, vague and have been used only under the weakest of circumstances, like this one.



Yeah, in the eyes of the DA, they committed no crime because they're not white.
Click to expand...
It was 3 minutes. The 15 minutes thing came from shit online reporting. 15 minutes was how long it took the cops to get there. The cell phone footage you are talking about starts with the choke already applied and it’s like at least 30 seconds into the video before he releases it. There is no video of the beginning of the incident.

I kind of feel like you know this though and are just trying score points or something
 
Blayt7hh said:
It was 3 minutes. The 15 minutes thing came from shit online reporting. 15 minutes was how long it took the cops to get there.
Click to expand...

Yeah, I know that. '3 minutes' is a very exact time, 180 seconds, which is why I'm also doubting that estimated timeframe.

Blayt7hh said:
The cell phone footage you are talking about starts with the choke already applied and it’s like at least 30 seconds into the video before he releases it. There is no video of the beginning of the incident.
Click to expand...

No cell phone footage... that we know of.

The footage of Penny releasing the choke and putting Neely on his side was made public days afterward. It wouldn't surprise me if the police, and therefore the prosecutors & defense have additional footage from one of the supposedly dozens of people on the subway car.

Blayt7hh said:
I kind of feel like you know this though and are just trying score points or something
Click to expand...

Points? You're basically scraping the bottom of the barrel to argue against my points this is a politically motivated prosecution.
 
GearSolidMetal said:
'Civil Rights Crimes' are, and always have been, vague and have been used only under the weakest of circumstances, like this one.
Click to expand...

I have yet to find "civil rights crime" under NY State law, care to point out which law could be applied to the other guys?

GearSolidMetal said:
Yeah, in the eyes of the DA, they committed no crime because they're not white.
Click to expand...

So far i have yet to find any felony under which the two other guys could be charged.

Care to help me with this one? or are you going to act like the woke idiots you complain about so much?

I don't disagree that Bragg may be racially biased when the victims/offenders are black, but this case 2nd Manslaughter seems like a pretty fair charge all things considered.
 
Blayt7hh said:
It was 3 minutes. The 15 minutes thing came from shit online reporting. 15 minutes was how long it took the cops to get there. The cell phone footage you are talking about starts with the choke already applied and it’s like at least 30 seconds into the video before he releases it. There is no video of the beginning of the incident.

I kind of feel like you know this though and are just trying score points or something
Click to expand...
Honest question. How do we know it was three minutes if the video only shows 30 seconds? Is that an estimate?
 
Rod1 said:
I have yet to find "civil rights crime" under NY State law, care to point out which law could be applied to the other guys?

Care to help me with this one? or are you going to act like the woke idiots you complain about so much?
Click to expand...

2nd degree manslaughter / involuntary manslaughter.

"Involuntary Manslaughter
Involuntary manslaughter is defined as an unintentional killing that results either from recklessness or criminal negligence or from the commission of a low-level criminal act such as a misdemeanor. Involuntary manslaughter is distinguished from other forms of homicide because it does not require deliberation or premeditation, or even intent. Since these mental states are not required, involuntary manslaughter is the lowest category of homicide."

https://www.justia.com/criminal/offenses/homicide/involuntary-manslaughter/

They can also be charged with the same crime Penny currently is, and that's why they won't be witnesses in his defense at the trial. Intimidation tactic by the prosecution, because if Penny is still found guilty by the jury it makes them far easier to prosecute afterward.
 
GearSolidMetal said:
2nd degree manslaughter / involuntary manslaughter.

"Involuntary Manslaughter
Involuntary manslaughter is defined as an unintentional killing that results either from recklessness or criminal negligence or from the commission of a low-level criminal act such as a misdemeanor. Involuntary manslaughter is distinguished from other forms of homicide because it does not require deliberation or premeditation, or even intent. Since these mental states are not required, involuntary manslaughter is the lowest category of homicide."
Click to expand...

What exactly did those guys did to kill Neely?


GearSolidMetal said:
https://www.justia.com/criminal/offenses/homicide/involuntary-manslaughter/

They can also be charged with the same crime Penny currently is, and that's why they won't be witnesses in his defense at the trial. Intimidation tactic by the prosecution, because if Penny is still found guilty by the jury it makes them far easier to prosecute afterward.
Click to expand...

No, they can't because its a crime without mens rea, how can you prove intent to help commit a crime that has no intent?
 
AZ103 said:
Honest question. How do we know it was three minutes if the video only shows 30 seconds? Is that an estimate?
Click to expand...

Its an estimate.

Eyewitness estimations for timeframes are always horribly inaccurate. One witness may say it was a minute, another says 3 minutes, another says 5 minutes, and another says 10.

Unless there's cellphone footage of the entire incident from beginning to end there's no way to have exact time that Neely was being choked.
 
You must log in or register to reply here.

Latest posts

Forum statistics

Threads
1,239,793
Messages
55,650,133
Members
174,872
Latest member
arsalaanx

Share this page

Back
Top