Posted on Nov 23, 2024
Liberty Is on the Line in the Daniel Penny Case
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Posted 6 d ago
Responses: 3
Good Samaritan—This is not in their vocabulary. Doesn't it seem they would rather see you become a victim than defend yourself or someone else who can not protect themselves?
Recent reports indicate that a veteran was harassed at a memorial in Washington, D.C. He unsuccessfully attempted to defend himself from his wheelchair.
Recent reports indicate that a veteran was harassed at a memorial in Washington, D.C. He unsuccessfully attempted to defend himself from his wheelchair.
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Sounds like this manslaughter charge is an overreach, but a lesser charge might have been more appropriate.
From what I read, the victim was unarmed and did not harm anyone. He was verbal and he made threats, but he didn't physically attack anyone. Penny did the right thing by subduing the guy and having someone call for law enforcement, but he also continued to choke the guy even after other passengers were helping hold him down, the victim went limp, and other passengers were telling him that he was going to kill the guy. Sounds like he went too far and transitioned from good Samaritan to careless/reckless Samaritan. Plus, it doesn't really matter if he used a choke or a carotid restraint (that's a dumb point for the writer to make). Both techniques restrict oxygen flow to the brain and can lead to death if performed for too long.
The jury is hearing all the testimony, so I'll defer to them. However, one can do something noble while also taking it too far and causing someone's death. This sounds like guilt on some lesser charge, with a lighter punishment for extenuating and mitigating circumstances. Maybe a charge like negligent homicide is a more appropriate than 2nd-degree manslaughter. Manslaughter requires intent to kill, but negligent homicide doesn't. Doesn't seem like he intended to kill the guy.
From what I read, the victim was unarmed and did not harm anyone. He was verbal and he made threats, but he didn't physically attack anyone. Penny did the right thing by subduing the guy and having someone call for law enforcement, but he also continued to choke the guy even after other passengers were helping hold him down, the victim went limp, and other passengers were telling him that he was going to kill the guy. Sounds like he went too far and transitioned from good Samaritan to careless/reckless Samaritan. Plus, it doesn't really matter if he used a choke or a carotid restraint (that's a dumb point for the writer to make). Both techniques restrict oxygen flow to the brain and can lead to death if performed for too long.
The jury is hearing all the testimony, so I'll defer to them. However, one can do something noble while also taking it too far and causing someone's death. This sounds like guilt on some lesser charge, with a lighter punishment for extenuating and mitigating circumstances. Maybe a charge like negligent homicide is a more appropriate than 2nd-degree manslaughter. Manslaughter requires intent to kill, but negligent homicide doesn't. Doesn't seem like he intended to kill the guy.
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LTC Kevin B.
CMSgt Marcus Falleaf - According to the medical examiner, it was the cause of death. Of course the defense found a witness who claims otherwise (and I would expect them to shop around until they did), but the guy was fine until he was choked out on the subway. We'll see who the jury believes.
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