General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSeriously, what's the difference between Penny, Zimmerman and Rittenhouse?
They all caused the death of another human being. Penny is considered a sympathetic figure but the other two are not, yet they all caused the death of another human being...two in Rittenhouse's case.
It's very discouraging that the dominant sentiment here on DU is that Penny should go unpunished.
WTH? Nothing?
WhiskeyGrinder
(24,018 posts)down someone during unrest or in a neighborhood watch way. No one likes to *feel* unsafe, even if they are still not in danger, and it's such a visceral feeling that people don't see how these cases are a lot closer than they may seem at first glance.
brush
(57,939 posts)but we here on DU were not on that subway car yet most seem to think Penny should've not been punished for causing the death of another person.
Not even a couple of months in jail.
We're supposed to be progressive,enlightened people.
I don't get it.
Just_Vote_Dem
(3,189 posts)I think he should have been guilty of at least manslaughter-JMO....
Lunabell
(6,999 posts)I don't think he intended to kill the man. I believe he was reckless in subduing someone who was presenting a threat to everyone on that car.
yagotme
(3,918 posts)You seem awfully intent to put him IN jail, even though a jury found him faultless. Not very enlightened, or progressive.
brush
(57,939 posts)I won't be responding to anymore of your posts.
Seeking Serenity
(3,043 posts)yagotme
(3,918 posts)Sundance1220
(160 posts)If it were a matter of only a few months in jail, he may have been convicted. Anything resembling homicide, not a chance in NYC.
BlueTsunami2018
(4,039 posts)Penny acted on the spur of the moment to defend others. I dont think its the same thing at all.
brush
(57,939 posts)for good intentions but going too far?
Seeking Serenity
(3,043 posts)brush
(57,939 posts)and the man later died, you actually think the choking had nothing to do with the man dying?
IMO that's not logical thought.
Seeking Serenity
(3,043 posts)Reported that she couldn't determine the cause of death and had to wait for the toxicology report, i.e., no physical evidence of choking.
Quiet Em
(1,039 posts)Seeking Serenity
(3,043 posts)She changed her position later
Quiet Em
(1,039 posts)I think you are confusing her report and her testimony with the testimony of the examiner from Penny's defense team.
MarineCombatEngineer
(14,389 posts)and acquitted him, so, no punishment.
brush
(57,939 posts)Not a couple of months in jail, maybe house arrest, or probation even?
I sure wouldn't be comfortable around someone who didn't know not to choke someone for six minutes.
MarineCombatEngineer
(14,389 posts)Last edited Mon Dec 9, 2024, 09:00 PM - Edit history (1)
What my opinion is is irrelevant to the verdict, the jury heard the testimony, weighed the evidence and rendered a verdict of not guilty and that's all that counts.
EX500rider
(11,509 posts)If someone steps off the curb in front of my truck without looking both ways and I run him over and kill him, I have caused another persons death yet I doubt I would face any punishment so it depends on the case
brush
(57,939 posts)someone for six minutes, that a whole other matter.
Dumpy
(42 posts)and they all reach the same conclusion to the evidence that they saw.
brush
(57,939 posts)Dumpy
(42 posts)brush
(57,939 posts)of another human being.
Most often.
yagotme
(3,918 posts)Which this case was, obviously.
BlueTsunami2018
(4,039 posts)I dont know what would be an appropriate punishment in this situation. I dont see this as a Zimmerman/Rittenhouse type of thing. Penny didnt intend to kill anyone and he certainly wasnt actively looking for confrontation as they were.
I dont know what else could be done.
NoRethugFriends
(3,038 posts)They told you the difference. They didn't say he shouldn't be punished
Dr. Strange
(26,004 posts)A grand jury declined to indict Williams on manslaughter and weapons charges in connection with the deadly stabbing of Devictor Ouedraogo, 36, on a Brooklyn J train on June 13.
Ouedraogo was alleged to have punched Williams' girlfriend and harassed other passengers.
Our office conducted an impartial and thorough investigation of this tragic case, which included review of multiple videos and interviews with all available witnesses, and that evidence was fairly presented to a grand jury," the Brooklyn district attorneys office said in a statement. "Today, the charges against Jordan Williams have been dismissed."
Celerity
(46,541 posts)MichMan
(13,391 posts)brush
(57,939 posts)Seeking Serenity
(3,043 posts)Nor, IMO, should any Democrat be.
brush
(57,939 posts)but not having enough sense to know that choking someone for six minutes can cause a person to die, you actually think that person should go unpunished.
A good Democrat should know better than that.
Seeking Serenity
(3,043 posts)It is possible, y'know, to restrain a person using what looks like a choke hold without actually choking the person (and Penny had help in restraining Neely, but he wasn't charged in Neely's death)
Kingofalldems
(39,258 posts)DontBelieveEastisEas
(1,139 posts)Many on this forum, and those you likely do not consider trolls, seem to grasp at first impressions.
For example, there was real video footage of a scene that showed contradiction to what was being posted in this forum. But because a few frames of the video wasn't consistent with the reactive emotional response, there was no ability for it to get talked about. I'm sure folks thought I was a troll for being the messenger. If they only allowed the conversation, most would have seen the truth. Instead, we are left with a false narrative.
Sympthsical
(10,322 posts)Some people think due process should result solely in whatever verdict their political sensibilities demand.
Which is extremely chilling if you think about the implications of that for about ten seconds.
Justice as an instrument for political result is some Soviet Union shit.
Cirsium
(1,019 posts)What's the difference between the Allies at Normandy and the Germans? They both shot people.
I am not defending the man who murdered the homeless man, nor am I defending murder in general. I am pointing out, with an extreme example perhaps, that there are reasons why we see the same actions differently depending upon the context.
Is it true that there is a "dominant sentiment here on DU is that Penny should go unpunished?"
Seeking Serenity
(3,043 posts)He was charged, tried, and found not guilty of negligent homicide, after the State dropped its manslaughter charge.
Cirsium
(1,019 posts)So many murders.
Seeking Serenity
(3,043 posts)Cirsium
(1,019 posts)Deaths, then. I haven't followed that story. What is your take on the case?
brush
(57,939 posts)Not even house arrest or probation. IMO the man doesn't have enough sense to know that choking someone for six minutes can lead to death.
Wouldn't want to be his girlfriend of wife. Will he lose control again as he was unpunished before?
LeftInTX
(30,308 posts)Sounds like he should have been found guilty of something.
Sorry, I just didn't follow it because I was too busy with the election and now the wrap up after the election. (I never ends)
Haven't seen the video, but a six minute chokehold sounds extreme.
Could he have restrained the guy instead?
He was indicted and the case went to trial.
Does this have shades of Bernhard Goetz? That's what it seems like to me.
Seeking Serenity
(3,043 posts)I'm a Democrat from back when we were very wary of state power. Now it seems people don't think the State should have to meet its high burden, and that juries should be instructed that they have to find a person on trial "guilty of something."
"I feel like I'm taking crazy pills!"
brush
(57,939 posts)even though well intentioned but went too far?
Should he just go Scott free? What if he looses control again with a girlfriend of wife?
Seeking Serenity
(3,043 posts)Put the person on trial, make sure everyone knows that it's the STATE that has the burden, let the State make its case, and give it to the jury to decide.
Ontheboundry
(296 posts)That's ridiculous, and absolutely no bearing in what happened
12 people all came to the same verdict, did they not? It wasn't a hung jury afaik
brush
(57,939 posts)Maybe some don't know but NYer POCs know very well have racist some NYers are. This is just another example. Macho boy Penny didn't have enough sense not choke someone for six minutes straight, yet is still cleared of all charges by a racist jury.
See posts 127 and 131 to what we POCs know about how racist some NYers are.
Ontheboundry
(296 posts)Do we jail someone based off what he may do in the future ?
Nyc is pretty liberal, and i have to assume the jury wasn't an all-white jury, so if a race of different races all come to the same conclusion(s) then, and had access to information/evidence I didn't, then I find little reason to argue with them
yagotme
(3,918 posts)This was unplanned. Penny used a "rear neck lock" to restrain Neely as Neely was acting out of sorts, yelling, threatening people, throwing "garbage", etc. Witnesses on the train stated they were glad that Penny restrained Neely. 2 other individuals assisted Penny some, one of them appearing to be a POC. If Penny was actually TRYING to kill Neely, a six minute strangle hold would have been about 4 minutes longer than needed. Neely still had a faint pulse when 1st responders arrived, and somewhere between there and the hospital, he passed. They administered Narcan, and CPR. Penny was allowed to leave after talking to police. I believe the prosecutor had a burr under her saddle, and was looking for prison time.
brush
(57,939 posts)minutes within an inch of death was going too far.
Sure wouldn't want to be his girlfriend or wife.
IMO should've gotten some form of punishment...even a slap on wrist house arrest or a few months probation even. I mean his actions caused another human being's death.
yagotme
(3,918 posts)Our opinions on the matter are, well, just our opinions.
Sneederbunk
(15,255 posts)Hellbound Hellhound
(229 posts)Seeking Serenity
(3,043 posts)He was charged with manslaughter and the lesser-included offence of negligent homicide. The State dropped the manslaughter charge when it looked like the jury was hung on that issue.
Hellbound Hellhound
(229 posts)brush
(57,939 posts)Do tell.
Hellbound Hellhound
(229 posts)Do you have evidence to suggest that this was an offensive act? Clearly the jury didn't think so, so I'd be surprised if you did.
brush
(57,939 posts)is not a good thing as it can cause death...and it did.
Why he might loose control again since he now knows he can get away with it...the ex-Marine, sympathetic, well intentioned white guy.
Have to bring up that huge elephant in the room everyone is ignoring. If the choker and chokee were reversed, they'd throw the book at a Black guy for what Penny did.
Hellbound Hellhound
(229 posts)It's an incapacitating move, but it's largely nonlethal. UNLESS you fight against it.
Hellbound Hellhound
(229 posts)that they're an active, deadly threat to dozens of the population at large.
Being "An Ethnicity", no matter what it is, shouldn't be a "Get Out of Jail Free" card to do whatever the fuck you want, because if anyone stops you it's "RACISM!"
Swap races all you want, but if they were both white or both black or Asian or First Nation or anything, the outcome would be the same.
brush
(57,939 posts)DJ Synikus Makisimus
(781 posts)Spoiler alert: it also has to do with socioeconomics.
brush
(57,939 posts)If a Black guy had done the choking, I'd bet a month's salary the book would've been thrown at him.
DJ Synikus Makisimus
(781 posts)with serious socioeconomic factors. One of the main purposes of racism is to keep poor folks from acting across racial lines in ways that might threaten the system of power.
brush
(57,939 posts)Seeking Serenity
(3,043 posts)He wasn't charged at all.
brush
(57,939 posts)Last edited Tue Dec 10, 2024, 12:37 AM - Edit history (2)
Penny did and didn't have enough sense to not choke someone for that long.
Something is not right with that person going Scott free.
DontBelieveEastisEas
(1,139 posts)It could be that the cause of death happened in the first minute?
Then, he stayed in position in case the person started to struggle again.
I imagine that if I ever had to put some criminal in a choke hold, that I would maintain that position until the authorities or a friendly crowd arrived to help hold them in captivity.
https://mmajunkie.usatoday.com/2011/07/ask-the-fight-doc-is-brain-damage-possible-when-chokes-are-held-too-long
In the internal carotid artery lies a very important structure called the carotid sinus or bulb. Next to this artery runs the vagus nerve. Compressing these structures causes the body to respond in some very significant ways primarily decreasing blood pressure and heart rate. Some people (usually unbeknown to them) can have a hypersensitive carotid sinus which when compressed/stimulated can cause a profound drop in blood pressure and heart rate. In these cases, a dangerously irregular heart beat (arrhythmia) can ensue.
Lets put it all together.
The choke goes in, and its deep. Your carotid arteries are compressed shut thus significantly reducing blood flow to the brain. The carotid sinus and vagus nerves are also compressed and stimulated to drop blood pressure to the body and heart rate. As luck would have it, you are left in the hands of a less-than-attentive or poorly educated referee, and they are slow to recognize your state of altered consciousness.
Your heart rate and blood pressure continue to plummet. If you happen to be one of those uncommon and unfortunate souls that have a hypersensitive carotid sinus, it isnt going to be lack of blood flow to the brain that does you in. You should be concerned about that wildly irregular heart beat (arrhythmia).
brush
(57,939 posts)that he held it even after authorities arrived. Not enough sense I guess to know choking someone for six minutes is not good for their health.
Kinda like the cop who kept his knee on George Floyd's neck for all that time.
DontBelieveEastisEas
(1,139 posts)Per that article, the damage may have been done in a much shorter time.
In position for 6 minutes is different than choking for 6 minutes.
I do think that once the guy was passed out, and the other people were there to help, he should have switched to providing comfort and fresh air. It saddens me, for sure.
brush
(57,939 posts)brush
(57,939 posts)Last edited Wed Dec 11, 2024, 09:27 PM - Edit history (2)
After what you wrote you have to know that could kill a person.
Apparently macho boy Penny didn't have enough sense either to stop choking Neely to let him breathe. Result. Death. And no charge by racist NYC jury.
See posts 127 and 131 about how racist some NYers are.
DontBelieveEastisEas
(1,139 posts)less than a minute of actual choking may have caused this outcome.
I am not going to assume the jury was racist. I hope they were allowed to remain anonymous.
brush
(57,939 posts)sentence of a couple of months, no house arrest, not even probation.
If a Black man had done that to a white person, they would've thrown the book at him.
Some punishment should've happen.
Just as the trump election win showed we live in a misogynist, racist country, the Penny result show it certainly is still racist.
DontBelieveEastisEas
(1,139 posts)that restraint was applied in a reasonable manner, the restrainer should not be punished in the case that it leads to death.
Your thought of
"If a Black man had done that to a white person, they would've thrown the book at him":
may mean that sometimes that book was thrown unfairly, and the black man should have been found innocent.
In that case, finding a white person guilty for that reason alone, would be like trying to make a right out of 2 wrongs.
I feel sad that mankind has been so mean to others based on race and tribalism, and am aware that it continues to go on at a high degree. There are a few things about this case that make me hopeful, that this was not the case this time.
Although, I did not hear the evidence and so I do not have a final opinion, other than the generalities that I have spoken of.
I understand how guilt seemed obvious to you, based on your belief of 6 minutes of continued neck pressure. We all saw the knee to the neck as continued pressure. I have not reviewed 6 minutes of video or heard from witnesses.
I have not heard anyone say that they were pleading for the choker to release the pressure. I think they would have done so if the pressure had been continuous, as I believe a witness would have been able to perceive such continued effort on the part of the choker.
brush
(57,939 posts)for six minutes. Goes Scott free and is applauded.
Not justice IMO.
DontBelieveEastisEas
(1,139 posts)was not applied for 6 minutes, only that the arms were left in that position?
I agree with you, that if he squeezed for 6 minutes, there was no justice.
cabotnn22
(46 posts)There was a very similar circumstance where a black man stabbed someone to death who was harassing people on a subway in NYC. he was released without bond and no charged were pressed. I'm not sure of the harasser's race, to be honest. Still, I thought having a knife in NYC was illegal - yet this man was let go and never charged.
I do know that when the police arrived on the scene where Daniel Penny was, Jordan Neely still had a pulse. They refused to do CPR because he was "dirty." I think that was incredibly negligent on their part.
alarimer
(16,624 posts)I'd imagine he's soon to be invited on the right-wing grifter circuit.
But I know nothing about that guy. Rittenhouse and Zimmerman are definitely pieces of shit, though. They did, in fact, murder people and get away with it. '
This other case is maybe one of a little too much force, maybe not even on purpose. And I do wonder just how hard people worked to revive the victim, given that he was a homeless person with apparent mental issues. I mean, people are very cold these days to the less fortunate, even here.
brush
(57,939 posts)Not enough sense to know choking someone for six minutes is not a good thing.
RockRaven
(16,444 posts)to intervene. Sympathy for him is absurd.
yagotme
(3,918 posts)2 others were holding Neely's arms, on and off. At least one of them was a POC, as far as I could determine with a fuzzy vid.
Bettie
(17,272 posts)who seemed to have some other issues, so, he's a "hero".
Hellbound Hellhound
(229 posts)I accept GoFundMes as well as Paypal for tips for services rendered.
brush
(57,939 posts)So sympathetic.
Hellbound Hellhound
(229 posts)Sorry, I have higher standards.
brush
(57,939 posts)Last edited Tue Dec 10, 2024, 12:33 AM - Edit history (1)
a six minute choke hold...that guy should go unpunished?
Whew. Hate to live in that world. A woman wouldn't have chance with that macho,ex-Marine.
Hellbound Hellhound
(229 posts)Person went to defend the men and women near him from a psychotic criminal, protecting them from a known abuser and assaulter, and people want to defend him because his skin is a certain color?
Racism in every way.
brush
(57,939 posts)Quiet Em
(1,039 posts)I don't want to live in the society you are promoting.
brush
(57,939 posts)Sundance1220
(160 posts)sitting on that subway car minding his own business not bothering anyone? Because that's simply not true.
Bettie
(17,272 posts)but he wasn't attacking, he had not touched anyone, he was indeed being obnoxious.
I didn't know that being annoying is now a death penalty offense to be meted out by any random person in the area.
Are you scolding people for being insufficiently distressed about the death of a CEO, while celebrating the death of a homeless man?
Also: no one there knew about a previous criminal record, so it has ZERO bearing on what that man did to him.
Quiet Em
(1,039 posts)I believe there should have been some penalty. Penny's force was excessive and caused Neely's death.
I hope at the very least Penny offers some remorse, stays away from Fox news and doesn't go on tour in the way of Rittenhouse.
brush
(57,939 posts)Even just house arrest or probation. The guy apparently doesn't know it's not good for the human body to be choked for six minutes.
Sundance1220
(160 posts)A simple battery charge may have gotten a conviction but I said from the beginning 12 NYers were not going to convict this guy. And frankly, I'm inclined to ignore the opinion of anyone who has never been on a subway with a raving lunatic screaming and throwing things at people. I've been there, it's terrifying being stuck underground in a metal tube with such a person.
4th
(83 posts)... which doesn't absolutely prove anything, but it's very suggestive.
The general consensus is none of them should have even been prosecuted.
I guess I'm a glutton for punishment to peruse such forums, but know your enemy.
No links of course, but easy to find if you care to.
brush
(57,939 posts)manicdem
(503 posts)For example if some attempts to steal your bag resulting in a tussle. You push them back hard, they fall backwards, and crack their skull on the sidewalk. Should you go to prison for it?
You see someone involved in a serious car accident and is unconscious. You try to help them but you messed something up and they die. Example you lie them on their back where they choke on blood and suffocate instead of lying them on their side per your CPR training. Should you go to prison?
Penny appeared to have good intentions to help protect others in a situation we may may one day see ourselves in. If you punish people like this, then no one will help others whether it's from criminals, CPR, accidents, etc.
And Neely was the cause of the trouble in the first place and people were afraid from past incidents. He had drugs in his system. I believe the autopsy didn't indicate any injuries around the neck which a choke would cause. It's possible Neely's medical condition combined with the drugs and the struggle resulted in his death.
brush
(57,939 posts)did you actually add that to what began as a cogent argument?
And there is a death that resulted from Penny's action...choking someone for six minutes.
lame54
(37,041 posts)Polybius
(18,108 posts)brush
(57,939 posts)Nothing wrong with that?
Sewa
(1,343 posts)George Floyd n he was found guilty 💀
Sundance1220
(160 posts)wasn't protecting anyone from anything. This guy was.
brush
(57,939 posts)hat he gets off Scott free without even a wrist slap couple of months in jail or house arrest, hot even probation.
Such obvious racism. The crowd applauds.
Blue_Tires
(56,230 posts)You do not want to re-open that can of worms...
mathematic
(1,521 posts)The prosecution did not claim Penny acted with intent to kill and accepted that he did not.
If YOU can accept that difference then you may be able to understand why people view these cases differently. I haven't followed the details of the case so I don't really have an opinion about the verdict.
CrispyQ
(38,445 posts)IMO, no difference & they should all be convicted of murder, Penny maybe manslaughter, IDK the laws.
That said, I still don't feel any sympathy for the CEO.
ThePartyThatListens
(161 posts)White, entitled and inept.
We're now in WEI era.
Thanks Trump!
happy feet
(1,109 posts)Why not respond directly to anyone who has shared the view you post?
DontBelieveEastisEas
(1,139 posts)Quite a good and long video of the scene.
https://www.thefp.com/p/jordan-neely-daniel-penny-f-train-bodycam-video
A woman says, "not a hard choke hold, just enough to secure him."
I believe they say that he was released within 51 seconds of movement stopping.
https://www.cnn.com/2024/12/09/us/daniel-penny-subway-death-trial/index.html