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View Poll Results: Was the Marine Right or Wrong? Wrong or Right?
Right 52 71.23%
Wrong 10 13.70%
Not sure 11 15.07%
Voters: 73. You may not vote on this poll

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Old 06-28-2023, 07:07 PM
 
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Accused J train stabber acted in self-defense, won’t face charges in fatal NYC subway brawl: sources

https://nypost.com/2023/06/28/accuse...brawl-sources/


“Under New York law, a person is justified in using deadly physical force when they reasonably believe it is necessary to use such force to defend themselves or others from imminent use of deadly or unlawful physical force.”

Daniel penny would like to have a word.
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Old 06-28-2023, 09:10 PM
 
34,164 posts, read 47,398,319 times
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Quote:
Originally Posted by Werdywerd View Post
Accused J train stabber acted in self-defense, won’t face charges in fatal NYC subway brawl: sources

https://nypost.com/2023/06/28/accuse...brawl-sources/


“Under New York law, a person is justified in using deadly physical force when they reasonably believe it is necessary to use such force to defend themselves or others from imminent use of deadly or unlawful physical force.”

Daniel penny would like to have a word.
So you're not treating him like the storeowner? Why not?
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Old 06-29-2023, 02:07 AM
 
106,919 posts, read 109,196,656 times
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Quote:
Originally Posted by Werdywerd View Post
Accused J train stabber acted in self-defense, won’t face charges in fatal NYC subway brawl: sources

https://nypost.com/2023/06/28/accuse...brawl-sources/


“Under New York law, a person is justified in using deadly physical force when they reasonably believe it is necessary to use such force to defend themselves or others from imminent use of deadly or unlawful physical force.”

Daniel penny would like to have a word.
there is a whole lot more to article 35 laws than a single sentence.

here is a pretty good summary of what is involved once you read through all the twists and turns of article 35 which pertains to our self defense laws

no two situations are ever alike and while one may be authorized to use deadly force the other may be authorized for only physical force and if someone dies it’s manslaughter


https://www.tilemlawfirm.com/new-york-self-defense.html
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Old 06-29-2023, 05:48 AM
 
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I saw a WABC news report yesterday that said the prosecutor’s case will be based on Penny continuing the choke hold after Neely went limp instead of immediately releasing him. I didn’t watch nor want to watch the entire video so I don’t know how long he held him after Neely stopped struggling.
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Old 06-29-2023, 06:17 AM
 
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Originally Posted by martinjsxx View Post
I saw a WABC news report yesterday that said the prosecutor’s case will be based on Penny continuing the choke hold after Neely went limp instead of immediately releasing him. I didn’t watch nor want to watch the entire video so I don’t know how long he held him after Neely stopped struggling.
That part doesn't even matter, you can't kill somebody because they made a verbal threat
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Old 06-29-2023, 06:21 AM
 
Location: Honolulu/DMV Area/NYC
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Originally Posted by SeventhFloor View Post
That part doesn't even matter, you can't kill somebody because they made a verbal threat
We'll see what the nature of the threat actually was.
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Old 06-29-2023, 06:42 AM
 
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Still waiting for my City Data buddies to tell me why the two guys who helped restrain him are not charged?

Trust me I'm glad they are not.
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Old 06-29-2023, 06:47 AM
 
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Originally Posted by prospectheightsresident View Post
We'll see what the nature of the threat actually was.
What do you mean? Either the nature of the threat was physical or verbal. Why do we have to wait and see when there's video/witnesses?

Was the Marine initally phyiscally attacked to the point where he thought he was going to lose his life? If not, then why did he feel the need to kill?
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Old 06-29-2023, 07:05 AM
 
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he didn’t feel the need to kill him , that would be murder .

his death was the result of accidental excessive force , that is manslaughter
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Old 06-29-2023, 07:10 AM
 
1,331 posts, read 1,682,026 times
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Quote:
Originally Posted by SeventhFloor View Post
What do you mean? Either the nature of the threat was physical or verbal. Why do we have to wait and see when there's video/witnesses?

Was the Marine initally phyiscally attacked to the point where he thought he was going to lose his life? If not, then why did he feel the need to kill?
The only video I have seen begins with Penny subduing Neely. Is there video that shows the time prior?

the witness I heard interviewed described Neely as "threatening". Whether that is the testimony we will hear in court remains to be seen.
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