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President Biden: The NEW one and only politics thread

Discussion in 'Sports and News' started by Moderator1, Jan 20, 2021.

  1. Azrael

    Azrael Well-Known Member

    He fucking killed a guy on the subway.
     
    dixiehack and Woody Long like this.
  2. garrow

    garrow Well-Known Member

  3. The Big Ragu

    The Big Ragu Moderator Staff Member

    Before a decision had even been made by the DA -- they were investigating -- there was a mob of people chanting about racial injustice and blocking subway tracks.
     
  4. Azrael

    Azrael Well-Known Member

    So?

    He fucking killed a guy on the subway.
     
  5. rtse11

    rtse11 Well-Known Member

    Where's Morton Downey Jr. when we need him (I don't know what his politics were, TBH)
     
  6. The Big Ragu

    The Big Ragu Moderator Staff Member

    Or he unintentionally killed a guy who was threatening him.

    I wasn't there to know what happened when the stories laid out the basics of what happened (let alone conclude that there was a racial motivation of some sort).

    These people apparently knew the minute they heard, and they all wanted JUSTICE (or no peace).



     
    Last edited: May 12, 2023
    Liut likes this.
  7. Azrael

    Azrael Well-Known Member

    Maybe the police shouldn't have released him so fast.

    He fucking killed someone on the subway.
     
  8. Webster

    Webster Well-Known Member

    We don’t know what level of threat he posed to passengers, but he appeared to have been subdued well before the point when he was choked to death.
     
  9. The Big Ragu

    The Big Ragu Moderator Staff Member

    Maybe the police had statements from the people who were on the train saying that Neely was threatening people and this guy looked to be trying to subdue him, thus the cops saw no probable cause to make an arrest without further investigation?
     
  10. Woody Long

    Woody Long Well-Known Member

    Under New York Penal Law § 125.25, you could be prosecuted for murder in the second degree if you:
    1. Intentionally caused the death of another person,
    2. Recklessly caused the death of another person under the conditions that showed that you had a depraved indifference for human life,
    3. Caused the death of another person during the commission of another crime such as robbery, burglary, arson, or sexual assault, or
    4. Caused the death of another person under the age of 11 during the commission of a sex crime such as rape in the first degree, criminal sexual act in the first degree or incest in the first degree.
    --

    There are doors at either end of a subway car, as well as at least two doors on each side. If the defendant felt threatened, he had an escape route even if the train was in motion.

    It stands to reason that someone with his level of training in hand-to-hand combat knew or should have known that putting a person in a chokehold for an extended period of time could result in that person's death. It's certainly not a stretch here to say that the defendant acted recklessly and may have had a depraved indifference for human life by putting the individual in that chokehold.
     
  11. Webster

    Webster Well-Known Member

    Or they later watched the tape? I’m not saying that the guy is going to be convicted of this charge or any other, but can you say that he was threatening anyone after he was subdued?
     
  12. The Big Ragu

    The Big Ragu Moderator Staff Member

    The chokehold might have been reckless, there is certainly a dead body. With the immediate attempt at mob justice, he's lucky that they didn't overcharge it and they are sending it to a grand jury. The second degree manslaughter charge makes sense, because it's pretty much the way you said in NY State. ... they are saying he didn't intend to kill Neely, but he was reckless; he should have known that he could kill him and disregarded it. It might be the right outcome.

    The flip sied is that self defense (assuming that will be his defense) would make it justifiable. And the prosecution is going to have to disprove that beyond a reasonable doubt, and my guess is that is going to be difficult for them. I have already seen one of the witnesses essentially testifying in the press for Penny.

    The basic facts that immediately came out had a homeless guy acting menancingly and threatening people. ... and Penny putting him in a chokehold and killing him. That set of facts could have worked in two ways.

    Based on what any of us knew (still know really), there is no doubt that "justice" wasn't the motivation for the idiots who immediately saw a face to put to about 10 different causes and go out to cause disruption.
     
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