Crime Guy RNCed on NY subway dies.

[Rod1]

I was being facetious...

my bad, can't tell apart reality from sarcasm anymore.

 

[GearSolidMetal]

What exactly did those guys did to kill Neely?

Aiding and abetting a killing, regardless of intent, is a crime. Cell phone footage shows them holding Neely's arms to prevent him from defending the choke and be able to breathe.

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?

Don't ask me, ask the prosecution.

Its always about race for you guys.

Man you are like the mirror image of a wokey.

I post footage of the NYC mayor saying "Another one of us has been murdered, a black man." The media wouldn't even cover this story and dozens of idiots wouldn't be protesting if the races were reversed. Hell, the DA wouldn't have given Neely all the breaks they did if he wasn't black, and his assault victims weren't white.

This wouldn't be about race if it wasn't obviously, from every possible angle, about race. But you choose to ignore that and only see its 'about race' with people you're arguing... and losing... against on the internet.

 

[Andy Capp]

We have a saying in my country.
If you act tough, you will one day run into the wrong guy to mess with.

"In Brazil we have a saying..."

 

[GearSolidMetal]

"In Brazil we have a saying..."

Think everywhere has a saying...

 

[Rod1]

Aiding and abetting a killing, regardless of intent, is a crime. Cell phone footage shows them holding Neely's arms to prevent him from defending the choke and be able to breathe.

No, its not, at least according to NY State law.

In order to prove that a person in guilty of aiding or abetting a crime such as robbery, it is not enough to prove that the person requested or assisted in the commission of the crime. The prosecutor must also be able to prove that the person acted with same mens rea, or culpable mental state to have committed the crime. For example, it is not enough to prove that you were standing out on the street, looking up and down the block while your friend was burglarizing a store. The police and prosecutor must be able to prove that you were standing out there and looking up and down the street with the intent to burglarize the store and to help your friend do it and not get caught. Since the police cannot take an x-ray of your mind and no your intent with certainty, many of the surrounding circumstances may come into play.

https://www.tilemlawfirm.com/aiding-and-abetting-and-acting-in-concert-in-new-york.html

Don't ask me, ask the prosecution.

This doesn't makes any sense.

I post footage of the NYC mayor saying "Another one of us has been murdered, a black man." The media wouldn't even cover this story and dozens of idiots wouldn't be protesting if the races were reversed. Hell, the DA wouldn't have given Neely all the breaks they did if he wasn't black, and his assault victims weren't white.

You are claiming the other 2 guys weren't charged because they weren't white, not why they are making a ruckus about Neely.

Focus man.

 

[GearSolidMetal]

No, its not, at least according to NY State law.

In order to prove that a person in guilty of aiding or abetting a crime such as robbery, it is not enough to prove that the person requested or assisted in the commission of the crime. The prosecutor must also be able to prove that the person acted with same mens rea, or culpable mental state to have committed the crime. For example, it is not enough to prove that you were standing out on the street, looking up and down the block while your friend was burglarizing a store. The police and prosecutor must be able to prove that you were standing out there and looking up and down the street with the intent to burglarize the store and to help your friend do it and not get caught. Since the police cannot take an x-ray of your mind and no your intent with certainty, many of the surrounding circumstances may come into play.

https://www.tilemlawfirm.com/aiding-and-abetting-and-acting-in-concert-in-new-york.html

The posted definition of involuntary manslaughter still could apply to them as it supposedly applies to Penny.

Regardless, as I've posted before, this is a political prosecution. If they were white it'd add to the racial narrative the media is implying this is motivated by. But they're not white, so they're being ignored. Period.

At worst, if they were white, the state and federal prosecution could argue it was a lynching.



But the state prosecution is going for the lowest crime they feasibly could get Penny on - Involuntary manslaughter.

This doesn't makes any sense.

If the prosecutors wanted them charged, they'd charge them with something and skip the Grand Jury process, as they demonstrated they're very willing to do.

You are claiming the other 2 guys weren't charged because they weren't white, not why they are making a ruckus about Neely.

Focus man.

That section of my post was regarding the mayor, selective prosecutions by the DA, and the media.

Try tocus on what my post obviously focuses on.

 

[Blayt7hh]

Honest question. How do we know it was three minutes if the video only shows 30 seconds? Is that an estimate?

Eye witnesses reported it in the first day. The 15 minute thing made it murky and stems from shitty reporting

 

[Blayt7hh]

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



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.



Points? You're basically scraping the bottom of the barrel to argue against my points this is a politically motivated prosecution.

I am not scraping the bottom of the barrel. What I am doing is staying the basic facts and not letting you spin this anymore. You and other posters are in here playing pretend that any of us are promoting Neely to saint hood and pretending that this is all about race. It’s not sorry, time to grow up.

 

[AZ103]

Eye witnesses reported it in the first day. The 15 minute thing made it murky and stems from shitty reporting

That kinda means absolutely nothing. It sounds like we have no idea how long the choke was held. We should all agree on that.

 

[Rod1]

The posted definition of involuntary manslaughter still could apply to them as it supposedly applies to Penny.

No, it doesn't because they can't argue mens rea on a charge that lacks mens rea by definition, this is basic law.

This would be like if you are with your friends on a car speeding and you end up killing a kid, the only one criminally liable is the guy behind the wheel.

Regardless, as I've posted before, this is a political prosecution. If they were white it'd add to the racial narrative the media is implying this is motivated by. But they're not white, so they're being ignored. Period.

So you disagree with 2nd degree manslaughter?

At worst, if they were white, the state and federal prosecution could argue it was a lynching.

This is a State prosecutor and if they wanted to charge everyone with a crime they would had gone with manslaughter 1st or murder 2nd, at that point they can charge everyone.

That section of my post was regarding the mayor, selective prosecutions by the DA, and the media.

Try tocus on what my post obviously focuses on.

Your post argument is that everything boils down to race, you have reduced yourself to a negative film of the very same people you criticize.

 

[Rod1]

That kinda means absolutely nothing. It sounds like we have no idea how long the choke was held. We should all agree on that.

Agreed, but we do have the coroner report that the guy died from neck compression, so it was held long enough to cause a neck injury and to kill the guy, and since its reported that the guy opened with an RNC from behind and didn't release until the guy was already gone, then its easy to infer that the guy held the choke for too long.

 

[Blayt7hh]

That kinda means absolutely nothing. It sounds like we have no idea how long the choke was held. We should all agree on that.

Well lets put it this way- 1000s of people across the world get choked out with RNCs every night in jiujitsu gyms. Why is it do you think none of them die but this guy did?

And what do you mean "no idea"? You think these people were just lying? They might have been off a little bit but I'll bet it was around 3 minutes. Or we just going to dismiss their testimony and pretend they are out to get the white man?

 

[GearSolidMetal]

I am not scraping the bottom of the barrel. What I am doing is staying the basic facts and not letting you spin this anymore. You and other posters are in here playing pretend that any of us are promoting Neely to saint hood and pretending that this is all about race. It’s not sorry, time to grow up.

100% Incorrect.

I am not accusing anyone in this thread of 'promoting Neely to sainthood.'

This is, by the roles the NYC mayor, prosecutor, and media, 1000% about race and no one here has put a dent in my argument against that a page or two back.

 

[Prefect]

I think the argument could be made if it was short that it was just accidental. But holding a choke hold for 15 minutes basically means you had full intent to kill the person. Homeboy is going to find out that like in bar fights, even if you didn't start it you'll get the pin if someone dies.

 

[LangfordBarrow]

my bad, can't tell apart reality from sarcasm anymore.

My fault for not using the...

 

[LangfordBarrow]

Aiding and abetting a killing, regardless of intent, is a crime. Cell phone footage shows them holding Neely's arms to prevent him from defending the choke and be able to breathe.



Don't ask me, ask the prosecution.



I post footage of the NYC mayor saying "Another one of us has been murdered, a black man." The media wouldn't even cover this story and dozens of idiots wouldn't be protesting if the races were reversed. Hell, the DA wouldn't have given Neely all the breaks they did if he wasn't black, and his assault victims weren't white.

This wouldn't be about race if it wasn't obviously, from every possible angle, about race. But you choose to ignore that and only see its 'about race' with people you're arguing... and losing... against on the internet.

There are no winners on the internet. We're all losers. Some just don't realize it.

 

[AZ103]

Well lets put it this way- 1000s of people across the world get choked out with RNCs every night in jiujitsu gyms. Why is it do you think none of them die but this guy did?

And what do you mean "no idea"? You think these people were just lying? They might have been off a little bit but I'll bet it was around 3 minutes. Or we just going to dismiss their testimony and pretend they are out to get the white man?

Cool the aggression.

They don't die for a lot of reasons. Including proper technique and not being under the influence of drugs. And sadly sometimes they still do die. It's super super rare but people have had strokes caised by chokes that killed them after practice.

I do not think they are lying. Have you ever been in a life or death situation or a psychical struggle with a stranger? Even just watched it happen? Your senses go wild. Your sense of time slows down and is no longer reliable.

Let's be 100% clear. We do not know how long the choke was held.

 

[AZ103]

Agreed, but we do have the coroner report that the guy died from neck compression, so it was held long enough to cause a neck injury and to kill the guy, and since its reported that the guy opened with an RNC from behind and didn't release until the guy was already gone, then its easy to infer that the guy held the choke for too long.

And that couldn't have been just crushing his windpipe from a poorly applied choke? The cops who killed the loose cigarette guy did this and I think they even got off. They then banned the use of chokes as well but I don't think cops got in trouble.

 

[Rod1]

And that couldn't have been just crushing his windpipe from a poorly applied choke? The cops who killed the loose cigarette guy did this and I think they even got off. They then banned the use of chokes as well but I don't think cops got in trouble.

Loose cigarette guy was super obese handcuffed and put face down, if you are not very fit or flexible that alone puts a lot of pressure on breathing, now if you are morbidly obese you are basically smothered by your own fat pressing on your diaphragm.

 

[AZ103]

Loose cigarette guy was super obese handcuffed and put face down, if you are not very fit or flexible that alone puts a lot of pressure on breathing, now if you are morbidly obese you are basically smothered by your own fat pressing on your diaphragm.

Ok? And the cops did it anyways and he died. How is that different than this? Both intended to subdue and both killed the subject accidentally