Jury deadlocked on Daniel Penny manslaughter trial

[JoeB131]

Of course JoeBlow takes the side of the deranged idiot terrorizing people.

As opposed to the bully who choked the life out of a smaller, weaker man?

 

[BackAgain]

The difference between the culpable mental state of recklessness (as charged in the top count, now dismissed) and criminal negligence (as charged in the second and sole remaining count) is pretty thin.

New York Consolidated Laws, Penal Law - PEN § 15.05 Culpability; definitions of culpable mental states​

The following definitions are applicable to this chapter:
****

3. “Recklessly.” A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
4. “Criminal negligence.” A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

https://codes.findlaw.com/ny/penal-law/pen-sect-15-05/

Since this is a “justification” defense (here referring to the defense of others), I’m not sure it could be construed as “unjustifiable.” And that’s true even if we were to accept that the risk was not perceived in a gross deviation from the standard of care any reasonable person would observe in that situation.

 

[BackAgain]

As opposed to the bully who choked the life out of a smaller, weaker man?

There was no bully and nobody did any such thing.

 

[Robert W]

Well, to be specific, he dismissed the manslaughter charge, and the negligent homicide charge is still in play.

We can hope for the same verdict for Penny as the killer of Ashli Babbitt got by his department.

 

[JoeB131]

We can hope for the same verdict for Penny as the killer of Ashli Babbitt got by his department.

Except an investigation cleared Lt. Byrd. A jury would too.

As opposed to this guy, where the majority of the jury seems ready to convict, but one nitwit is holding out.

 

[Robert W]

Except an investigation cleared Lt. Byrd. A jury would too.

As opposed to this guy, where the majority of the jury seems ready to convict, but one nitwit is holding out.

Democrats clearing Democrats in the case of the murdering cop who murdered Babbitt. I have no clue what the Jury wants to do and suppose the Judge is also in the dark.

 

[Robert W]

Well, to be specific, he dismissed the manslaughter charge, and the negligent homicide charge is still in play.

I have not read that law. I saw a video of Penney helped by other men dealing with the then living man.

 

[theHawk]

Well, to be specific, he dismissed the manslaughter charge, and the negligent homicide charge is still in play.

It shouldn’t be. A dismissed charge is the same as not guilty.


Here are the retarded instructions for the jury:

What could possibly be finding him not guilty for ”some reason other than lack of justification”?

You either have justification to find someone guilty on a charge or you lack the justification.

 

[Fort Fun Indiana]

I know this if I was on the jury.

When the first vote was taken I would have said no way he's guilty of anything saying, You people can play your little games but I won't be a part of it.....Not guilty.

Then the mistral is declared and a new trial is held where they weed out bad jurors like you.

 

[Fort Fun Indiana]

He used deadly force and went too far.

 

[Robert W]

He used deadly force and went too far.

That is true about Lt. Byrd who murdered Ashli Babbitt.

 

[Robert W]

Not true

What is the verdict of the Jury?

 

[Fort Fun Indiana]

That is true about Lt. Byrd who murdered Ashli Babbitt.

Deadly force was.justified, in that case.

 

[lafayette]

Death penalty implies the death was the intent.

This wasn’t akin to any sentence or punishment. It was restraint. That it tragically ended in death isn’t the same thing.

It was excessive restraint. Penny had two men helping him.

 

[lafayette]

Hey laffy, try this:

Pathologist Disputes Finding that Marine Veteran's Chokehold Caused Subway Rider's Death

Penny's lawyers have argued throughout the trial that his pressure on Neely's neck wasn't sufficient and consistent enough to be lethal.

www.military.com

Of course, they did. They are his lawyers. Let's see if the jury agrees.

There was no bully and nobody did any such thing.

Yeah, something like that did happen.

 

[westwall]

There was no bully and nobody did any such thing.

Joeblow lives in an alternate reality.

 

[Robert W]

Deadly force was.justified, in that case.

We wait on the Jury verdict.

 

[EvilCat Breath]

Well, didn't he choke a guy to death? What extenuating circumstance absolves him of that--- because his intentions were good?

Neely actually died of a drug overdose.

 

[BackAgain]

It was excessive restraint. Penny had two men helping him.

No. It didn’t appear to be excessive. And the other two guys didn’t appear to touch the deceased.

 

[BackAgain]

Of course, they did. They are his lawyers. Let's see if the jury agrees.

You seem shocked that a defense team would enter expert evidence at odds with the opinions of the prosecutor’s expert.

Yeah. We are awaiting a verdict.

Yeah, something like that did happen.

No. It sure didn’t.