I don’t like defending these crazy ignorant perps like Jordan Neely, but we live in a society of laws, and Daniel Penny broke the law as written, plain & simple.

Neely was unarmed, and every state requires deadly force to only be used when confronted with the same. Penny used unreasonable restrait by choking that nutbag Neely to death, and being a former Marine, they are taught that a chokehold could result in death, and he was also taught by the Marines how to restrain people without using deadly force with other holds. A Marine instructer testified that Penny misused the chokehold and caused the death of Neely.

Penny should have been convicted of 2nd Degree Manslaughter as that requires the defendant to have committed homicide via reckless actions without the intent to kill, and surely at least Criminal Negligent Homicide, which is a law that shouldn’t even be on the books, because if you killed someone due to negligence, then it’s 2nd Degree Manslaughter, and you shouldn’t be prosecuted if you killed someone by accident and you weren’t negligent, like if you were holding a gun that accidentally fired and it killed someone (think Alec Baldwin, though he wasn’t completely without blame in my opinion — read my other article on that), or if you backed up with your vehicle and you couldn’t see a toddler behind it in your backup camera or mirrors & killed it. I’d be surprised if the prosecution doesn’t appeal and win, which is necessary; otherwise we’ll have people getting choked out all over America for minor transgressions.