Tuesday, December 10, 2024

Jordan Neeley's Killer Walks!

This is the chaos of America. White man gets away with murder.

The far right celebrates the man who chokeholds an unarmed Black man while the far left celebrates the man who shot and killed an unarmed white man who was a company executive for the nation's largest healthcare insurance firm.

Both suspects were white.

Y'all voted for this.

Expect more chaos as President Joe Biden wraps up and President Donald J. Trump gets back in.

Oh, if a person of color murders anyone based on race, politics or systematic injustices, I will not condemn it. I will say that it only just the beginning.

The man who chokehold Jordan Neely was acquitted of his murder. However, he will face the civil courts now that the criminal charges are over. 

The civil issue will hopefully put restrictions on the man from selling books, appearing on television and earnings obtained post trial.

According to the far rightWhite shooters are mentally ill. Black shooters are unrepentant thugs and criminals. Gay shooters are active groomers. Muslim shooters are terrorists. Hispanic and Asian shooters are illegal immigrants. According to the far right, almost all white [or non-white] mass shooters are registered Democrats [or some progressive activist] because they have liked or done one thing common to the left. Of course, they often share or post disinformation by using the "Sam Hyde" meme or make bogus social media platforms with the shooter's image as a way to denounce most mass shooters being white or associated with conservative causes. The far right says a white person should "protect" themselves from thugs, terrorists or protesters. They believe the use of firearms are "justified" if they are protesting or even instigating a conflict. The far right believes if a shooter is a police officer, an active military member, a veteran or a citizen who supports conservative causes, they are considered a "heroes" and use of firearms are justified. If the shooters are teens in urban communities, the far right automatically assume the gunmen are Black. They conclude that a Black person who is mentally ill or experiencing an emergency should be restrained or shot by the police or a good samaritan. The far right believes the actions should be justified.

On May 1, 2023, in New York City,  Neely, a 30 year old homeless American man, died after being put in a chokehold by a United States Marine Corps veteran. 

Neely's death prompted protests and a broader debate around the propriety of the white man's actions.

Being homeless, a Michael Jackson impersonator, a mentally ill person and a repeat offender with NYPD justifies death. What a world we live in!

Daniel Penny, a white man placed a chokehold on Neely after the deceased had a mental health issue. His chokehold was trained by the U.S. Marine Corps.

Israel is notorious for using those tactics on Palestinians. Most of the time, they get away with murder. Penny might as well move to Israel to avoid a civil trial.

After all, he's white, privileged and probably willing to do it again. Its because he knows he got Trump, Republicans and the conservative agitators backing him.

He will be the new Kyle Rittenhouse.

The New York prosecutors couldn't muster enough evidence to put this scumbag in the iron college. 

Alberto Vázquez, a freelance journalist who witnessed the incident, said that Neely removed his jacket and aggressively threw it to the floor, in response to which other passengers moved away from him. Vázquez said that he did not witness Neely assaulting anybody. Other witnesses reported fearing death from Neely's actions, which including his throwing trash at other passengers and approaching people. Penny then approached Neely from behind and put him in a chokehold.

The incident took place on the New York City Subway in Manhattan. Sometime after 2:00 p.m. (EDT) on May 1, 2023, Neely boarded a northbound F train at the Second Avenue station just before it departed for the Broadway–Lafayette Street station. Penny was in the same train car, planning to go to a gym. Vázquez told The New York Times that Neely began screaming, "I don't have food, I don't have a drink, I'm fed up. I don't mind going to jail and getting life in prison. I'm ready to die." Another witness heard Neely say, "Someone is going to die today." Penny said that Neely repeatedly threatened to kill other passengers. Vázquez said that Neely was frightening but had not assaulted anyone. Other witnesses said that Neely made "half-lunge movements" at other passengers and was within "half a foot of people", and recalled fearing for their lives. A mother with a child testified that Neely charged at passengers, and she shielded herself and her child behind a stroller, believing she might die. Prosecutors later highlighted a witness saying that Neely's actions felt common to him due to him frequently interacting with and witnessing outbursts on public transit. Conversely, defense attorneys quoted a witness stating that she had been riding the subway for years but had never encountered a person who "put fear into" her as much as Neely did. Prosecutors stated that Neely was high on synthetic marijuana and suffering from mental illness at the time of the incident. Defense attorneys stated that Penny initially ignored Neely, but acted after he saw Neely approach the mother and son hiding behind a stroller while saying "I will kill."

Penny with a woman who looks like white nationalist Laura Loomer.

Police questioned Penny after the incident but released him without charges a few hours later. On May 3, Manhattan District Attorney Alvin Bragg confirmed that his office had begun an investigation into Neely's death. Also on May 3, the medical examiner's office determined the manner of death to be homicide, stating that Neely died from "compression of neck (chokehold)". The medical examiner made the determination after performing an autopsy and watching cell phone video of the incident, but did not wait for results from a toxicology report. On May 11, 2023, Bragg's office announced that Penny would be charged with second degree manslaughter, which carries a penalty of between five and 15 years in prison.

On May 12, 2023, Penny turned himself in to police for arrest and was arraigned in Manhattan Criminal Court. Since he had not been indicted by a grand jury, he chose not to enter a plea, and was released from custody on $100,000 cash bail. He was required to surrender his passport and instructed to not leave New York without approval.

A grand jury was impaneled on May 31 to hear Bragg's case against Penny. On June 14, 2023, he was officially indicted by the grand jury. At a second arraignment on June 28, 2023, the grand jury's indictment was unsealed, revealing a charge of criminally negligent homicide in addition to second-degree manslaughter, giving the trial jury the option to convict on a lesser charge. A second-degree manslaughter conviction would require the prosecution to prove the defendant knew the potential to cause death, and acted recklessly. A criminally negligent homicide conviction would require proof that the defendant's actions unjustifiably risked Neely's death, but without awareness of the danger.

After the arraignment, the district attorney's office released a list of evidence to be given to the defendant's attorneys. Items included witness statements, cellphone videos from at least two witnesses, and surveillance video. An extended video of the incident was captured by a European couple that later returned to Europe. The couple met with prosecutors remotely, but declined to provide their footage or testimony. Defense attorneys alleged that the prosecution was not making a good-faith attempt to secure the evidence.

On January 17, 2024, the presiding judge, Maxwell Wiley, denied a request by Penny's legal team for a dismissal of his charges. The trial began with jury selection on October 21, 2024. During jury selection, nearly all prospective jurors reported having prior knowledge of the incident. Opening statements in the trial began on November 1.

Drinks on me. Don't get comfortable, Daniel Penny has a civil trial to deal with.

The two other men who helped to restrain Neely were not charged.

The case was prosecuted by Assistant Manhattan District Attorney Dafna Yoran. During the trial, prosecutors acknowledged that Penny acted to protect others, calling his efforts "laudable", but alleged that he acted recklessly in applying a chokehold against Neely for several minutes. They alleged that Penny attempted to render Neely unconscious, but knew that he was applying his chokehold improperly, resulting in Neely's continued struggling and eventually death. Defense attorneys argued that Penny attempted to maintain a hold to restrain Neely, rather than render him unconscious, and was forced to continue it due to Neely's struggling. They also argued against the medical examiner's determination of a homicide, citing a pathologist's testimony stating that Neely died from a combination of factors, including his sickle cell trait, a schizophrenic episode, struggling with Penny's restraint, and intoxication from K2 synthetic marijuana.

Closing arguments were delivered on December 2, 2024. On December 3, jury deliberations got underway. Jurors were instructed to consider the top charge of manslaughter before considering the charge of criminally negligent homicide. They were also instructed to determine whether Penny's actions were responsible for Neely's death, and if so, whether his actions were reckless and unjustified.

On December 5, 2024, a wrongful death suit was filed into the New York Supreme Court by Jordan Neely's father, Andre Zachary, on the grounds of negligence, assault, and battery.

On December 6, 2024, Judge Wiley dismissed the manslaughter charge against Penny following a jury deadlock. Penny was found not guilty of the remaining charge of criminally negligent homicide on December 9. After the verdict was delivered, Penny went to a Manhattan bar with his legal team to celebrate.

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