Welcome home, fellow Gator.

The Gator Nation's oldest and most active insider community
Join today!

Daniel Penny’s defense fund over $1M after manslaughter charge in Jordan Neely subway death

Discussion in 'Too Hot for Swamp Gas' started by flgator2, May 13, 2023.

  1. mdgator05

    mdgator05 Premium Member

    17,151
    2,197
    1,718
    Dec 9, 2010
    I want you to note that I did nothing to insult you (before you play victim again while personally attacking anybody you don't like). You did not provide an answer to my question. I asked for specifics as to what he was going to do to them. Do you know?
     
    • Funny Funny x 1
    • Winner Winner x 1
  2. Gator515151

    Gator515151 GC Hall of Fame

    22,875
    1,079
    1,763
    Apr 4, 2007
    Penny recognized a legitimate threat and dealt with it.....do you have a problem with that?
    Keep in mind I am arguing with a right & wrong, good & evil issue, not a legal issue. Tell me truthfully, if one of your loved ones were being threatened by a guy with Neely's record wouldn't you want someone like Penny nearby?
     
    • Agree Agree x 2
  3. Sohogator

    Sohogator GC Hall of Fame

    3,568
    576
    358
    Aug 22, 2012
    You would benefit from not having all your knowledge of the law being what you heard from Trumps legal team.
     
    • Winner Winner x 2
    • Dislike Dislike x 1
    • Agree Agree x 1
    • Come On Man Come On Man x 1
  4. mdgator05

    mdgator05 Premium Member

    17,151
    2,197
    1,718
    Dec 9, 2010
    I honestly would not want somebody to kill or endanger a person to the level of killing them outside of a reasonable threat that serious harm was about to happen (i.e., pulling a weapon or engaging in violence against another person). I don't believe the rantings of mentally ill people should be a death sentence.
     
    • Disagree Bacon! Disagree Bacon! x 1
  5. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

    25,678
    2,775
    1,868
    Apr 3, 2007
    Here's New York's statute. Please explain how Penny was authorized to use deadly force, which keeping someone in a choke hold for 15 minutes clearly was. Read the law so you don't, you know, look foolish. (I even bolded where the relevant part starts to make it easier for you.) I'm sure you'll immediately realize NY is NOT a stand your ground state, they follow the common law duty to retreat obligation while recognizing the castle doctrine.

    A jury might acquit him, but it won't be based on the law, that is against him. It would be in the nature of a jury pardon.


    Section 35.15 - Justification; use of physical force in defense of a person
    1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:
    (a) The latter's conduct was provoked by the actor with intent to cause physical injury to another person; or
    (b) The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or
    (c) The physical force involved is the product of a combat by agreement not specifically authorized by law.
    2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:
    (a)
    The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is:
    (i) in his or her dwelling and not the initial aggressor; or
    (ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter's direction, acting pursuant to section 35.30; or
    (b) He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery; or
    (c) He or she reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20.

    From NY's jury instructions:
    DEADLY PHYSICAL FORCE means physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury
     
    Last edited: May 14, 2023
    • Winner Winner x 2
    • Informative Informative x 2
    • Come On Man Come On Man x 2
    • Funny Funny x 1
  6. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

    25,678
    2,775
    1,868
    Apr 3, 2007
    Yes, I have a huge problem with it. You don't kill under these circumstances.
     
    • Disagree Bacon! Disagree Bacon! x 2
    • Like Like x 1
    • Fistbump/Thanks! Fistbump/Thanks! x 1
  7. flgator2

    flgator2 GC Hall of Fame

    7,365
    788
    2,113
    Apr 3, 2007
    Gainesville
    We're trying to prevent those like yourself from ruining our country
    I don't think he ever meant to hurt that man, unfortunately people are having to defend themselves and others since these cities are failing to protect it's citizens
     
    • Come On Man Come On Man x 3
    • Winner Winner x 1
  8. mdgator05

    mdgator05 Premium Member

    17,151
    2,197
    1,718
    Dec 9, 2010
    Hard to put somebody in a choke hold for a long period of time and claim that you didn't mean to harm somebody.
     
    • Winner Winner x 4
    • Disagree Bacon! Disagree Bacon! x 1
  9. G8tas

    G8tas GC Hall of Fame

    5,381
    1,008
    553
    Sep 22, 2008
    You just described manslaughter
     
    • Like Like x 1
    • Agree Agree x 1
    • Disagree Bacon! Disagree Bacon! x 1
  10. WC53

    WC53 GC Hall of Fame

    5,191
    1,042
    2,088
    Oct 17, 2015
    Old City
    Odds they put the state on trial for not protecting its citizens? Split jury and they don’t retry it.
     
  11. gator95

    gator95 GC Hall of Fame

    7,974
    879
    2,113
    Apr 3, 2007

    I answered. You don’t like the answer. Not surprised.
     
    • Winner Winner x 1
  12. gator95

    gator95 GC Hall of Fame

    7,974
    879
    2,113
    Apr 3, 2007

    I’ll take bets he’s acquitted.
     
    • Agree Agree x 1
    • Funny Funny x 1
  13. mdgator05

    mdgator05 Premium Member

    17,151
    2,197
    1,718
    Dec 9, 2010
    You did not provide an answer to my question. You provided an answer to the question that you would have preferred me to ask. Because the reality is that you have no idea what would have happened if this guy hadn't choked him to death. You are simply speculating as to what would have happened.

    To bring it back to my original point, the point of the Good Samaritan parable is that your neighbor is the person who shows mercy to a person that was supposed to be hated. Choking a person to death is not showing mercy even if that person is themselves not a mentally stable person.
     
    Last edited: May 13, 2023
    • Funny Funny x 1
  14. Sohogator

    Sohogator GC Hall of Fame

    3,568
    576
    358
    Aug 22, 2012
    Unconsciousness happens in 20 to 30 seconds by a skilled practitioner which this guy was. He was also totally ripped with rope like arms. Neelywas effectively dead after a minute in the sense that life saving medical attention wouldn’t have got to him in time.
     
    • Creative Creative x 1
    • Come On Man Come On Man x 1
  15. Sohogator

    Sohogator GC Hall of Fame

    3,568
    576
    358
    Aug 22, 2012
    A fool and his money are easily parted - see team Trumpaloon.
     
    • Dislike Dislike x 2
    • Like Like x 1
    • Fistbump/Thanks! Fistbump/Thanks! x 1
  16. gaterzfan

    gaterzfan GC Hall of Fame

    2,219
    463
    1,713
    Feb 6, 2020
    I’m sure the wokesters on Too Woke for Swamp Gas would have an entirely different opinion on this situation if it had been a brown person choking a white guy with a shaved head. This venue has definitely become Too Absurd for Swamp Gas.
     
    • Disagree Bacon! Disagree Bacon! x 3
    • Winner Winner x 1
    • Come On Man Come On Man x 1
    • Best Post Ever Best Post Ever x 1
  17. dynogator

    dynogator VIP Member

    6,789
    357
    418
    Apr 9, 2007
    Too bad Penny didn't kill Neely with a gun. The donations from the Right would be doubled, easy.
     
    • Agree Agree x 2
    • Disagree Bacon! Disagree Bacon! x 1
    • Optimistic Optimistic x 1
    • Come On Man Come On Man x 1
  18. G8tas

    G8tas GC Hall of Fame

    5,381
    1,008
    553
    Sep 22, 2008
    Once again you failed to use the word "woke" enough times
     
    • Fistbump/Thanks! Fistbump/Thanks! x 1
  19. magnetofsnatch

    magnetofsnatch Rudy Ray Moore’s Idol Premium Member

    1,243
    318
    1,783
    Apr 10, 2020
    North Florida
    If the deceased was white you’d never of heard another thing about this. The replies on this thread from the usual suspects are hilarious. The guy was a complete whack job.
     
    • Agree Agree x 1
    • Disagree Bacon! Disagree Bacon! x 1
    • Winner Winner x 1
    • Come On Man Come On Man x 1
  20. dynogator

    dynogator VIP Member

    6,789
    357
    418
    Apr 9, 2007
    I wouldn't say he was a whack job. An over-zealous vigilante, maybe. You might be right, though. I mean, how many people kill disruptive people on the subway? The trains would never run again, for all the bodies on the tracks.
     
    • Funny Funny x 1
    • Creative Creative x 1