Current Events > The marine that killed a homeless man in NYC will be getting charged

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Jiek_Fafn
05/11/23 7:38:55 PM
#52:


badjay posted...
2nd Degree Manslaughter seems accurate here now the more I keep thinking about the situation.
That's been my take on this from the get go and it seems to be strengthened as we've learned more.

I'm wondering what they'll actually end up charging him with though. The vocal public will want him charged with murder, but he'll walk because I don't see them ever bring able to prove that. Then people will complain about a justice system that they don't understand. Hopefully they approach this responsibly and dont cave to the pressure. He deserves punishment for sure.

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badjay
05/11/23 7:41:08 PM
#53:


Jiek_Fafn posted...


I'm wondering what they'll actually end up charging him with though. The vocal public will want him charged with murder, but he'll walk because I don't see them ever bring able to prove that. Then people will complain about a justice system that they don't understand. Hopefully they approach this responsibly and dont cave to the pressure. He deserves punishment for sure.
I already posted what murder is in NY, it's not gonna happen unless Daniel has a diary saying how much he wants to kill Neely or some crazy shit. INTENT is the crucial part to prove to even get to murder. Best people will get is 2nd degree manslaughter if they can get it. And 1st degree manslaughter is the murder of passion essentially. Can't see that coming to fruition either.

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I4NRulez
05/11/23 7:56:48 PM
#54:


whateveroh posted...
How many of you live in big cities with mass transit that you use everyday?

I grew up taking MTS here in san diego. I've seen angry guys yelling stuff like hes gonna kill everyone and gods coming to get us, ive seen people urinate and shit, ive seen people forget stuff like laptops, ipods, phones, backpacks, and even kids. Ive seen drug deals and robberies. Hell ive seen gang members claim sets out the bus windows.

Ive seen enough fights involving homeless people on buses and none of them died. I took a bus to school from Middle School all the way up to when i started community college before transferring.

Even when i was tired of some of them i never wanted any of them to die.

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Zikten
05/11/23 7:59:27 PM
#55:


Also, why did the marine feel he needed to apply unending pressure for 15 minutes? He couldn't let up every once in a while ao the poor guy could get some air?

Anyway, apparently there is a cut piece of the original video, where one of the helpers warns the marine that the victim is dying and that he might get charged with murder

They knew they were killing him
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badjay
05/11/23 8:23:28 PM
#56:


Zikten posted...
Also, why did the marine feel he needed to apply unending pressure for 15 minutes? He couldn't let up every once in a while ao the poor guy could get some air?

Anyway, apparently there is a cut piece of the original video, where one of the helpers warns the marine that the victim is dying and that he might get charged with murder

They knew they were killing him
According to Juan it was at least 5 minutes and not 15 minutes. That's the source all the news articles post about. It's why everyone said 15 or 3 minutes before. But Juan also edited his post from 15 minutes down to at least 5 minutes. So everyone is unsure on the time.

Regardless, where's the cut part from the video? Or the source that claims that? I'm curious to look into that.

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#57
Post #57 was unavailable or deleted.
SomeLikeItHoth
05/11/23 8:29:04 PM
#58:


BlockWatcher posted...
He gets a sham trial when he should be getting a key to the city
What the fuck

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badjay
05/11/23 8:34:24 PM
#59:


[LFAQs-redacted-quote]

https://nypost.com/2023/05/02/shocking-video-
shows-vagrant-being-choked-to-death-on-nyc-subway/
Original was about 3:30 minutes long and USED to be on this page.
https://www.facebook.com/people/Luces-de-Nueva-York/100090412633635/
But the dude took the video down along with his witness account.

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Solar_Crimson
05/11/23 8:37:11 PM
#60:


whateveroh posted...
How many of you live in big cities with mass transit that you use everyday?
I did until November (got a car).

What the guy did was murder, flat-out.

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Zikten
05/11/23 8:39:22 PM
#61:


badjay posted...
According to Juan it was at least 5 minutes and not 15 minutes. That's the source all the news articles post about. It's why everyone said 15 or 3 minutes before. But Juan also edited his post from 15 minutes down to at least 5 minutes. So everyone is unsure on the time.

Regardless, where's the cut part from the video? Or the source that claims that? I'm curious to look into that.
I've never seen the cut part, just heard it described. MSNBC has mentioned it. I was watching today and they brought it up. Maybe its just witness accounts. The actual footage of that moment maybe is not publicly available. I think the point is that the NYC government didn't want to let the public see that part
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SilentLucidity
05/11/23 8:40:36 PM
#62:


BlockWatcher posted...
He gets a sham trial when he should be getting a key to the city, pathetic. Leaving ny was a wise decision.

I wonder if the total time neely served between his 42 arrests will be more or less than the time the man who protected the city from neely will serve.

You WOULD have a bible verse in your sig you fuckin spaz lmao

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Vicious_Dios
05/11/23 8:42:01 PM
#63:


...Turn himself in....

Wait, he's been out and about this whole time? With a shitton of surveillance everywhere?

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COVxy
05/11/23 8:44:28 PM
#64:


badjay posted...
I already posted what murder is in NY, it's not gonna happen unless Daniel has a diary saying how much he wants to kill Neely or some crazy shit. INTENT is the crucial part to prove to even get to murder. Best people will get is 2nd degree manslaughter if they can get it. And 1st degree manslaughter is the murder of passion essentially. Can't see that coming to fruition either.

This is the silliest post I've seen in a while.

Let's say I walk up to a random person in the street and just choked them to death. Unprovoked. You believe I couldn't be charged with murder unless I had a diary saying that I wanted to kill that person? Lmao.

"It was an accident and you can't prove otherwise"

"So you accidentally tripped into the dude, and then used his neck to try and regain balance, in a full out rear naked choke hold, for 5 minutes, while the dude died in your arms"

"Yes your honor"

"Damn, guess it'll have to be manslaughter!"

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megamanfreakXD
05/11/23 8:48:19 PM
#65:


Only in America where being a public nuisance and bothering people in a public transit service is perfectly acceptable and the rest of the functioning society had to bare it.

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A_Good_Boy
05/11/23 8:49:07 PM
#66:


megamanfreakXD posted...
Only in America where being a public nuisance and bothering people in a public transit service is perfectly acceptable and the rest of the functioning society had to bare it.
More posts justifying murder. CE sure is having another normal one again.

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badjay
05/11/23 8:49:50 PM
#67:


COVxy posted...


"So you accidentally tripped into the dude, and then used his neck to try and regain balance, in a full out rear naked choke hold, for 5 minutes, while the dude died in your arms"

"Yes your honor"

"Damn, guess it'll have to be manslaughter!"
If you read my original post. Yes. That would fall under "reckless" according to NY laws.
https://gamefaqs.gamespot.com/boards/400-current-events/80440290/973410942
Here's the link to reread it, there's no interpretation on my part, I quoted the relevant part of the law directly.

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COVxy
05/11/23 8:50:12 PM
#68:


A_Good_Boy posted...
More posts justifying murder. CE sure is having another normal one again.

That dude is a doctor too. At least so he claims.

Dude's morally bankrupt.

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UnholyMudcrab
05/11/23 8:51:29 PM
#69:


megamanfreakXD posted...
Only in America where being a public nuisance and bothering people in a public transit service is perfectly acceptable and the rest of the functioning society had to bare it.
Only in America where a vigilante-administered death penalty is an acceptable punishment for bothering people.

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COVxy
05/11/23 8:51:35 PM
#70:


badjay posted...
If you read my original post. Yes. That would fall under "reckless" according to NY laws.
https://gamefaqs.gamespot.com/boards/400-current-events/80440290/973410942
Here's the link to reread it, there's no interpretation on my part, I quoted the relevant part of the law directly.

Intent doesn't mean "has documented written evidence of the intent"

Intent can be inferred through behavior. Like deciding to randomly choke somebody for and extended period of time until they die.

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Muflaggin
05/11/23 8:54:49 PM
#71:


You can tell who rides public transit and who doesn't. Lot of fucking wackos out there and dangerous ones at that.
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COVxy
05/11/23 8:58:52 PM
#72:


Muflaggin posted...
You can tell who rides public transit and who doesn't. Lot of fucking wackos out there and dangerous ones at that.

I find it's mostly out of touch conservatives who live in suburbia or more rural areas that are afraid of public transport, and will say shit like this.

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ScazarMeltex
05/11/23 8:59:42 PM
#73:


Muflaggin posted...
You can tell who rides public transit and who doesn't. Lot of fucking wackos out there and dangerous ones at that.
@Muflaggin
Do you believe this man deserved to be choked to death?

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UnholyMudcrab
05/11/23 9:01:03 PM
#74:


Muflaggin posted...
Lot of fucking wackos out there and dangerous ones at that.
Yeah, one of them is being charged with manslaughter here because he fucking killed a guy.

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BuzzKilljoy
05/11/23 9:02:18 PM
#75:


Sexypwnstar posted...
Never a good sight when two people with mental health issues go at each other.

Didn't read any posts after yours, but the best take in my opinion

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Malcrasternus
05/11/23 9:05:02 PM
#76:


I feel like manslaughter is going to be the one that has the best chance of sticking.

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A_Good_Boy
05/11/23 9:05:51 PM
#77:


ScazarMeltex posted...
@Muflaggin
Do you believe this man deserved to be choked to death?
These people are cowards and won't say explicitly how they feel. They'll just dance and allude to their point because they don't want to get modded.

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badjay
05/11/23 9:08:46 PM
#78:


COVxy posted...


Intent doesn't mean "has documented written evidence of the intent"

Intent can be inferred through behavior. Like deciding to randomly choke somebody for and extended period of time until they die.
Again. You didn't read.

That part is covered that you mentioned. "Deciding to randomly choke somebody until they die" falls under
  • "A person acts RECKLESSLY with respect to a death when that person engages in conduct which creates or contributes to a substantial and unjustifiable risk that another person's death will occur,
  • and when he or she is aware of and consciously disregards that risk,
  • and when that risk is of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation."
That person "randomly" choking someone until they die is acting recklessly and creates an unjustifiable risk that causes a person's death. And when they ARE aware of it (LIKE A MARINE WOULD BE) and CONSCIOUSLY disregards that risk, AND when that risk is of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct (LIKE A MARINE'S TRAINING), it is considered 2nd degree manslaughter.

Again I don't think you truly understand what intent means. I tried to look into it for specifics because I ALSO believed the intent was there. But for court you have to prove WITHOUT a doubt that he WANTED to kill that man. And you just can't do that by going hey he held a choke for 5+ minutes and killed him.

Please understand I consider this murder, and even see what he did as intentionally killing a person. But intent in the scope of the law is more than I believe he intended. You have to prove it, and just seeing him choke a man to death isn't proof that he went out of his way to kill this man. Intent is more you need actual language that he was aiming to do it. Again with the diary example would be intent. Actual reasons more than just in the moment he decided to kill this person.

https://www.law.cornell.edu/wex/mens_rea

Look into mens rea, which is what legal intent is based on, not about how you felt about during a crime. In this case, you have to prove that he went to choke him WITH the intent to kill him BEFORE he initiated the choke. This is VERY difficult to prove with what is shown so far. At best you have he choked and killed him and you're establishing intent AFTER the fact. Doesn't work that way. It'll be seen as "reckless" in this case more so than "knowing he'd kill the person" or "went at it with the purpose to kill him."

The current lawyer will discuss if he TRULY intended to kill the guy, doing more than choking would be apparent, such as trying to break his neck or a variety of methods of injuring Neely (IE smashing his head against the seats or other more violent means). The counter argument COULD be that he wanted to kill him slowly, but again the onus is on YOU to prove that INTENT.

I have no basis on law by the way, but looking into it trying to pin this guy for murder and I just get further and further away the more I read into it. If you don't trust me go find your own sources and refute it but the NY laws are there, I've described what intent means legally to you and I see it as 2nd degree manslaughter.

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ThePWBPoster
05/11/23 9:17:14 PM
#80:


A_Good_Boy posted...
I look forward to seeing you lose this account for attempting to justify choking homeless people to death.

A warning at best. We all get mad everyday but jeez man, lay off the anger a bit, get help or something...people that do dumb shit never confess they have or have had issues and they don't face the facts until it is time to be charged or arrested.

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megamanfreakXD
05/11/23 9:24:49 PM
#81:


Post 79,

jesus man. He literally spent his time to try to explain it to you, and you didnt even bother quoting it.

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COVxy
05/11/23 9:29:28 PM
#82:


megamanfreakXD posted...
Post 79,

jesus man. He literally spent his time to try to explain it to you, and you didnt even bother quoting it.

I deleted it because it was a bit mean. But it was that way partly because coming to the conclusion "i cant be charged with murder as long as I dont write anything down" is so ridiculous that I cant imagine reaching it unless you are working in bad faith or desperately in the weeds of motivated reasoning.

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WizardPowers
05/11/23 9:35:22 PM
#83:


He shouldn't have been killed over it. But having a shitty life doesn't mean you get to act like that and threaten people in public places without consequences. Definitely deserved an ass beating but not death.

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iPhone_7
05/11/23 9:43:27 PM
#84:


Sexypwnstar posted...
Never a good sight when two people with mental health issues go at each other.


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hockeybub89
05/11/23 9:45:04 PM
#85:


Muflaggin posted...
You can tell who rides public transit and who doesn't. Lot of fucking wackos out there and dangerous ones at that.
How many people can imply they would murder homeless people on the subway in one topic?

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Doom_Art
05/11/23 9:46:37 PM
#86:


Good. Fucking murderer.

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NhojAnec
05/11/23 10:04:17 PM
#87:


why did no one in NYC try getting that homeless man some help these past 10 years?! the dude was clearly out of his mind and was a danger to others but he didnt deserve to die! if he had gotten some mental help this needless death wouldnt have happened! *hug*

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ChocoboMog123
05/11/23 10:22:02 PM
#88:


megamanfreakXD posted...
Only in America where being a public nuisance and bothering people in a public transit service is perfectly acceptable and the rest of the functioning society had to bare it.
And practically everywhere else in the world.

I deal with homeless people literally every day at my job. Some of them are on drugs, some of them are crazy, some are both. Almost all of them are where they are because they don't have the resources to be somewhere better. I've had some threaten me or try to throw down. Never have I felt the need to approach someone crazy and choke him to death. Send him to a psychiatrist or send him to jail, choking someone isn't protecting yourself.

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badjay
05/11/23 10:24:24 PM
#89:


COVxy posted...


I deleted it because it was a bit mean. But it was that way partly because coming to the conclusion "i cant be charged with murder as long as I dont write anything down" is so ridiculous that I cant imagine reaching it unless you are working in bad faith or desperately in the weeds of motivated reasoning.
I guess you're missing the "intent" of my message then.

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AI_TechGam3FAQS
05/11/23 10:28:06 PM
#90:


hockeybub89 posted...
How many people can imply they would murder homeless people on the subway in one topic?

Not to butt in but how would these people should have acted when threatened in a confined space with no safe exit?

Its the same as on a plane btw

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hockeybub89
05/11/23 10:32:53 PM
#91:


AI_TechGam3FAQS posted...
Not to butt in but how would these people should have acted when threatened in a confined space with no safe exit?

Its the same as on a plane btw
Oh so "people" asked for this guy to be choked to death?

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A_Good_Boy
05/11/23 10:53:41 PM
#92:


AI_TechGam3FAQS posted...
Not to butt in but how would these people should have acted when threatened in a confined space with no safe exit?

Its the same as on a plane btw
Not choked him to death?

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Antifar
05/11/23 11:38:35 PM
#93:


The majority of people on that train, and every other train Neely had been on, did not choke him to death. That's how real New Yorkers deal with erratic people on the subway every day.

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InfinityMonster
05/12/23 12:01:50 AM
#94:


Malcrasternus posted...
I feel like manslaughter is going to be the one that has the best chance of sticking.
This definitely has the best chance, but there's also a possibility that the jury will acquit since it'll be full of other subway riders or people who know them. It'll be tough to weed out. Hung jury is also a possibility.

NhojAnec posted...
why did no one in NYC try getting that homeless man some help these past 10 years?! the dude was clearly out of his mind and was a danger to others but he didnt deserve to die! if he had gotten some mental help this needless death wouldnt have happened! *hug*
They did try many times. After the last one, where he broke the skull of a 67 year old woman, instead of being sent to prison for felony assault, he was sent to a prison-alternative mental health treatment facility for 15 months. Which he just walked out of after 2 weeks, and which led to the warrant for his arrest.

This was in February. Over the last 3 months, 3 separate outreach social workers reached out to him. The first one took him to a shelter. The second time, he started pissing on the train in front of them and the police had to be called. He threatened the outreach workers for trying to call the cops.

For the third time, outreach workers found him on Coney Island two weeks before this incident, and wrote down that he was aggressive and incoherent and could hurts other if left untreated. The day before, someone reported being almost pushed on the tracks by him.

What are you supposed do in this situation? Go back to institutionalizing after all the shit that happened with that? Leave them in the streets? This is NYC just letting people out for no real reason.

Antifar posted...
The majority of people on that train, and every other train Neely had been on, did not choke him to death. That's how real New Yorkers deal with erratic people on the subway every day.
People continuing to frame it as just some erratic behavior and not threatening to kill people in an enclosed cart, to the point he would serve a life sentence, are 100% being dishonest. He didn't deserve to die, but there's no reason to downplay things.

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NhojAnec
05/12/23 12:04:36 AM
#95:


InfinityMonster posted...
They did try many times. After the last one, where he broke the skull of a 67 year old woman, instead of being sent to prison for felony assault, he was sent to a prison-alternative mental health treatment facility for 15 months. Which he just walked out of after 2 weeks, and which led to the warrant for his arrest.

This was in February. Over the last 3 months, 3 separate outreach social workers reached out to him. The first one took him to a shelter. The second time, he started pissing on the train in front of them and the police had to be called. He threatened the outreach workers for trying to call the cops.

For the third time, outreach workers found him on Coney Island two weeks before this incident, and wrote down that he was aggressive and incoherent and could hurts other if left untreated. The day before, someone reported being almost pushed on the tracks by him.

What are you supposed do in this situation? Go back to institutionalizing after all the shit that happened with that? Leave them in the streets? This is NYC just letting people out for no real reason.

wow! did not know that! *hug*

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badjay
05/12/23 12:16:33 AM
#96:


InfinityMonster posted...
The day before, someone reported being almost pushed on the tracks by him.

https://www.nytimes.com/2023/05/07/nyregion/jordan-neely-daniel-penny-nyc-subway.html

Where did you find the shove into the tracks? The NYT listed everything else but you mentioned that.

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hyperskate65
05/12/23 12:22:30 AM
#97:


Sexypwnstar posted...
Never a good sight when two people with mental health issues go at each other.

Yet we all come back to CE daily

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Zazabar
05/12/23 2:52:13 AM
#98:


I was reading about this story and the kid's mom was murdered and stuffed inside a suitcase? jfc this world

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SomeLikeItHoth
05/12/23 3:35:33 AM
#99:


Thankfully BlockWatcher has been suspended for his comment. Lets hope its a ban.

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kingdrake2
05/12/23 4:10:56 AM
#100:


SomeLikeItHoth posted...
Thankfully BlockWatcher has been suspended for his comment. Lets hope its a ban.


knowing my outcomes. it's going to be a purgatory.
they don't do bans as frequently as i would want. people done far worse more frequently and got purgatory.

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cjsdowg
05/12/23 3:10:48 PM
#101:


Sadly he is going to walk. America devalues African Americans, and unhoused people. He is both. There have been a number of people online posting pictures of other homeless people breaking the law and claiming it was him. The fact that he was able to turn himself in when ever after killing someone shows us that the state co-signs this .

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InfinityMonster
05/13/23 1:28:05 AM
#102:


badjay posted...
https://www.nytimes.com/2023/05/07/nyregion/jordan-neely-daniel-penny-nyc-subway.html

Where did you find the shove into the tracks? The NYT listed everything else but you mentioned that.
It was a reddit post that was being reported on at the start, so it's not 100% confirmed. Still, the same thread had multiple people giving their experiences of his aggressive behavior recently since he was pretty well known around the F and J.

cjsdowg posted...
Sadly he is going to walk. America devalues African Americans, and unhoused people. He is both. There have been a number of people online posting pictures of other homeless people breaking the law and claiming it was him. The fact that he was able to turn himself in when ever after killing someone shows us that the state co-signs this .
It's pretty hypocritical asking for reform and then getting mad it also applies to people you don't like. Especially when you have no idea how the process works. People want to go back to the old ways where he would have been immediately charged with murder and thrown in Rikers.

All the while ignoring that those same type of policies allowed a man that kidnapped a little girl and beat several vulnerable old people over the years, to just walk away from the charge, once again. Free to hurt more vulnerable people.

What kind of idiot judge sees all these charges and and an old woman with a broken skull, then sends the aggressor to a mental health rehab facility where you can walk out whenever? I would understand if it was Neely's first assault ever. This was his most recent one.

Being light on this shit is the reason this guy was terrorizing people and NYC is at least staying consistent in being light with Penny, but some of you guys want to go hard now.

Even if he's convicted, I highly doubt he sees anything more than a year or two in prison because that's how it is in NY. He might even plead out a lower charge to move on with just probation and no prison. This is if they can find 12 NYers to agree, which is gonna be extremely tough. Especially when another witness just came out saying exactly what I was saying about how they were thinking WTF is he gonna do that results in a life sentence.

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"It lies between the pit of man's fears and the summit of his knowledge"
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