Daniel Penny was acquitted Monday of criminally negligent homicide in the chokehold death of Jordan Neely, a 30-year-old homeless man ...
Daniel Penny acquitted of criminally negligent homicide in subway chokehold death of Jordan Neely after more serious manslaughter charge was dismissed
-- CNN (@cnn.com) December 9, 2024 at 11:49 AM
[image or embed]
He did not need to kill that man to defend himself.
#7 | Posted by donnerboy
No, he did not need to kill him. And it doesn't look like that was his intention.
But from the jury instructions for criminally negligent homicide, I don't think the prosecution had a leg to stand on. Certainly not enough to meet the "beyond a reasonable doubt" standard.
A person acts with CRIMINAL NEGLIGENCE with respect to a death when that person engages in blameworthy conduct so serious that it creates or contributes to a substantial and unjustifiable risk that another person's death will occur, and when he or she fails to perceive that risk, and when the risk is of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
You may notice from that definition that CRIMINAL NEGLIGENCE is not the same type of negligence you may be familiar with from a civil lawsuit seeking a money judgment. The carelessness required for criminal negligence is appreciably more serious; it must be such that its seriousness would be apparent to anyone who shares the community's general sense of right and wrong.
nycourts.gov
@#84 ... Translation: ...
2nu - This Is Ponderous (1991)
www.youtube.com
Lyrics excerpt ...
...
This is ponderous, man, really ponderous
I had this dream the other night
I went to work one day
And nobody remembered who I was
So, I decided to take the day off
On my way out
I run into my boss and he says
Hey, you look familiar
I said, thanks, people say that
A lot in these dreams
Then the horns kicked in
And my shoes started to squeak
Then all of a sudden
I'm standing on a beach
In some tropical part of the world
And there's this sign that says
'Aren't you supposed to be at work'
Sort of screamed out at me
Then I remembered
I'd been here in other dreams
But usually there was a water polo game
And a girl who could talk with her eyes
And she'd say
'Can you see what I'm saying'
Then the horns kicked in
And my shoes started to squeak
Before I knew it
I was walking near a lake
When a phone rings
And the operator speaks to me
In a language I don't understand
...
[actually, kind of surprised that genius.com has the lyrics to this obscure tune....]
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