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Daniel Penny trial: Top manslaughter charge dismissed in NYC subway chokehold case after jury deadlock

GoldenBoy89

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I already explained that.
Then you don’t believe the jury ruled based on the evidence. You think they went with satisfying public opinion.
I don't know if she has - but she knows from the results of the election that public opinion is not on her side.
I’m not sure why that would matter. It seems you’re making some big assumptions if she hasn’t even voiced any opinion on the case at all.
I doubt very much that she would say anything too inflammatory or offer support to the violent mobs like she did before.
What violent mobs? Have there been any related to this case?
 
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Zaha Torte

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Then you don’t believe the jury ruled based on the evidence. You think they went with satisfying public opinion.
Not at all. I said that they were free to rule based on the evidence because they no longer felt the threat of public opinion.
I’m not sure why that would matter.
Did you not watch her during her campaign?

She tried to be a chameleon - not at all successfully - who would change her accent and her policy positions depending on the audience and their opinion.
It seems you’re making some big assumptions if she hasn’t even voiced any opinion on the case at all.
It is a deduction based on her past behavior.
What violent mobs? Have there been any related to this case?
There were many protestors outside screaming all kinds of vitriol. You can hear them in the background of many of the reporting clips.
 
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Arcangl86

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More about public opinion. And who the people voted into the White House is an indicator of public opinion.
Why would they care about public opinion? They took an oath to impartially examine the evidence and only issue their verdict based on that. Do you have reason to believe they lied? And if they did care about public opinion, wouldn't they care more about the public opinion in the place they lived? A place that Kamala Harris won handily?
I still hope he pardons him - even if he was coerced into pleading guilty
Do you have any evidence at all that he was coerced into pleading guilty?
- and the Governor should pardon him as well.
You know who the relevant governor is right? If you really think he would even consider giving him a pardon, I got a bridge to sell you.
 
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rjs330

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Okay I'm not buying the jury aquitted based upon the election. There were protestors in the area protesting against Penny and demanding their justice be done. I don't know if the jurors saw that or not. I think they just decided he wasnt guilty. There have been times where I disagreed with the juries decision. But in the end it IS up to the jury, whether I agree or not. In this case I agree with the decision completely.

I heard the father is filing a suit against Penny. I hope Penny counter sues the father. I think it would be a good move in this instance.

Penny is not guilty. Thats it. It was the right decision.
 
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Arcangl86

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I heard the father is filing a suit against Penny. I hope Penny counter sues the father. I think it would be a good move in this instance.
What do you think is the basis of a counter suit you think?
Penny is not guilty. Thats it. It was the right decision.
Somebody can be found not guilty for something and civilly liable for the same action. OJ is a famous example.
 
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Zaha Torte

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Why would they care about public opinion? They took an oath to impartially examine the evidence and only issue their verdict based on that.
People have been known to break oaths when violent threats hang over them.
Do you have reason to believe they lied?
No - they acquitted him after all.
And if they did care about public opinion, wouldn't they care more about the public opinion in the place they lived? A place that Kamala Harris won handily?
Sure - that was probably what had them deadlocked for so long - but what tipped those holdouts was the fact that those who were screaming threats outside were losing more and more of their influence and power as we approach Jan 6th.
Do you have any evidence at all that he was coerced into pleading guilty?
I have just about as much evidence that he was coerced as we have that George Floyd was murdered.
You know who the relevant governor is right? If you really think he would even consider giving him a pardon, I got a bridge to sell you.
Doesn't matter. He should still be pardoned.
 
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rjs330

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What do you think is the basis of a counter suit you think?
That the reason his son was such a mess was because of his father. If his father would have been a decent father his son probably wouldn't have been on thst train threatening to murder people.
Somebody can be found not guilty for something and civilly liable for the same action. OJ is a famous example.
Yup but in this case it can be shown that dad didn't care a wit about his son and now just wants to grift from Penny.
 

Arcangl86

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People have been known to break oaths when violent threats hang over them.
True, but that can apply both directions can't it?
No - they acquitted him after all.
You think they were honest because you agreed with the verdict? WOuld you have felt otherwise if they had voted guilty?
Sure - that was probably what had them deadlocked for so long - but what tipped those holdouts was the fact that those who were screaming threats outside were losing more and more of their influence and power as we approach Jan 6th.
The deadlock wasn't really that long, and we have no idea how many holdouts there were or what direction they were.
I have just about as much evidence that he was coerced as we have that George Floyd was murdered.
So you have video recordings, eyewitness testimony and expert testimony? The AG presented a TON of evidence against Chauvin.
Doesn't matter. He should still be pardoned.
Why? He killed somebody while acting as an officer of the law.
That the reason his son was such a mess was because of his father. If his father would have been a decent father his son probably wouldn't have been on thst train threatening to murder people.
Uh, that's not how that works. You can't sue somebody for being a bad father. A counter suit would require some kind of damage to Penny by the father.
Yup but in this case it can be shown that dad didn't care a wit about his son and now just wants to grift from Penny.
Under New York law he's entitled to sue on behalf of his son, for the pain and suffering inflicted on his son, regardless of the closeness of their relationship.
 
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rjs330

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Uh, that's not how that works. You can't sue somebody for being a bad father. A counter suit would require some kind of damage to Penny by the father.
Rhe damage to Penny was the fact that rhe son was on that train string out on drugs, threatening to kill people, that the son has been a violent drain on society which required Penny to intervene before he harmed people again and killed someone. The son was abused and abandoned by his terrible father who was still abusive and terrible to his son even after he was grown and went to live with him only to be further abandoned by this man.

Penny wouldn't have been in this position of having to face charges and threats if the father would have raised his son properly.

Odds are greatly increased, and that is proven by research that a crappy father leads to a crappy son.
Under New York law he's entitled to sue on behalf of his son, for the pain and suffering inflicted on his son, regardless of the closeness of their relationship.
I understand that. However I still would encourage a counter suit.

And I think law should be changed.
 
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Arcangl86

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Rhe damage to Penny was the fact that rhe son was on that train string out on drugs, threatening to kill people, that the son has been a violent drain on society which required Penny to intervene before he harmed people again and killed someone. The son was abused and abandoned by his terrible father who was still abusive and terrible to his son even after he was grown and went to live with him only to be further abandoned by this man.

Penny wouldn't have been in this position of having to face charges and threats if the father would have raised his son properly.
No, Penny wouldn't have been in this position of having to face charges if he hadn't chosen to put Neely in a choke hold. You can argue about whether or not it was justified, but ultimately it was Penny's decision that matters here.
Odds are greatly increased, and that is proven by research that a crappy father leads to a crappy son.
I'm not defending Neely's father's treatment of him. But none of that is is legally relevant.
I understand that. However I still would encourage a counter suit.
But there is nothing to sue for. You can't sue somebody just because they are suing you. You need to have a separate legally recognized cause of action, and I'm not seeing one here.
And I think law should be changed.
If you are a New Yorker feel free to lobby the state assembly to do so. However, the current state of the law is what is important here. It's also worth pointing out that NYS actually has one of the most restrictive wrongful death laws in the country.
 
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rjs330

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No, Penny wouldn't have been in this position of having to face charges if he hadn't chosen to put Neely in a choke hold. You can argue about whether or not it was justified, but ultimately it was Penny's decision that matters here.
Nope it was Neelys. His body was riddled with drugs he was a violent man who was threatening to kill people. He died as a result of his violent drug ridden behavior. Penny was a hero for protecting innocent people from a violent drug ridden lunatic.
I'm not defending Neely's father's treatment of him. But none of that is is legally relevant.
Well that's your opinion.
But there is nothing to sue for. You can't sue somebody just because they are suing you. You need to have a separate legally recognized cause of action, and I'm not seeing one here.
He does have reasons and I've shared them with you.
 
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RileyG

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A Manhattan judge asked a deadlocked jury on Friday to return next week to consider a criminally negligent homicide charge against 26-year-old former Marine Daniel Penny in the chokehold death of a homeless man aboard a New York City subway car last year.


News is still coming in about it, and it sounds like they're going to consider the other (lesser) charge next week after they were unable to reach a unanimous verdict the bigger charge.

More to follow...
Why am I jus hearing about this? Do I have a selective memory?
 
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Arcangl86

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Nope it was Neelys. His body was riddled with drugs he was a violent man who was threatening to kill people. He died as a result of his violent drug ridden behavior.
Did he suddenly drop dead because of his behavior, or did he die because somebody else inflicted physical harm on him?
Penny was a hero for protecting innocent people from a violent drug ridden lunatic.
Which he did by utilizing an inherently dangerous combat technique.
Well that's your opinion.
Well sure it's my opinion because I'm not a lawyer or a judge. But I know enough about the law to know that there is no such tort as "being a bad father."
He does have reasons and I've shared them with you.
The "reasons" you shared with me are not legally cognizable. There is no direct causal relationship to how Neely was raised and Penny.
 
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rjs330

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Did he suddenly drop dead because of his behavior, or did he die because somebody else inflicted physical harm on him?
Yes he ended up dead becauae of his behavior. If he wouldn't have threatened to kill people and hadn't been full of drugs and acting like a lunatic no one would have had to intervene.
Which he did by utilizing an inherently dangerous combat technique.
So? Still Neelys fault.
The "reasons" you shared with me are not legally cognizable. There is no direct causal relationship to how Neely was raised and Penny.
Once again that's your opinion.
 
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Zaha Torte

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True, but that can apply both directions can't it?
Sure - all people are people - but we see the violent threats tend to come from only the one side of the aisle.
You think they were honest because you agreed with the verdict? WOuld you have felt otherwise if they had voted guilty?
I believe that if a person says the opposite of what the person with the gun to their head is telling them to say - that means that they are telling the truth.
The deadlock wasn't really that long, and we have no idea how many holdouts there were or what direction they were.
Pretty long - for such an obviously open-and-shut case - and the verdict proves that there were more initial votes to acquit.
So you have video recordings, eyewitness testimony and expert testimony? The AG presented a TON of evidence against Chauvin.
Yeah, they said a lot of things - that's true.
Why? He killed somebody while acting as an officer of the law.
Lots of people had knees on their necks by officers before this who didn't die. Makes you wonder if the lethal amounts of fentanyl in his system had anything to do with that.

I mean - Floyd was claiming that he couldn't breathe for like twenty minutes before any knee touched his neck - so who is to say?
 
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ThatRobGuy

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Why am I jus hearing about this? Do I have a selective memory?
The Daniel Penny/Jordan Neely debacle was "front page news" at a national level for a while. Surprised it flew under your radar.
 
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rjs330

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I mean - Floyd was claiming that he couldn't breathe for like twenty minutes before any knee touched his neck - so who is to say?
Many people forget this. Here's what know about tyese situations. People like Neely and Floyd live a medically compromised life. Floyd was an unhealthy man who had drugs in his system which exacerbated his poor health. Then when he decided to fight tge cops it elevated his already compromised system mist likely to the point of death. He was dying when they placed him into that police car. This is what caused him to say he couldn't breath.

Chauvin then made two HUGE mistakes. He removed him from the car and placed Floyd on his stomach. Thats the worst position to place an overweight person as it puts more pressure on the chest, making his breathing harder. This most likely panicked Floyd cause greater stress on his metabolic system. Floyd should have been placed in the recovery position to aid in his breathing. Secondly Chauvin knelt on him. In watching that video I dont think he knelt directly on his neck. But any pressure on Floyd was going to exacerbate Floyds condition.

Did Chauvin kill Floyd? I think there was a good chance Floyd would have died anyway. Due to his compromised system due to his general health, the drugs and the fight with the police. ALL of which was his fault and no one else's. However when Cauvin placed him in the worst position possible and knelt on him to boot, it can't be definitively said that Chauvins actions played no part. I believe they added to the situation and most likely expedited Floyds death while not causing it directly.

That's my two cents.
 
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RileyG

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The Daniel Penny/Jordan Neely debacle was "front page news" at a national level for a while. Surprised it flew under your radar.
Hmmmm….I wonder why I don’t recall. Weird.
 
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