Choke holder Penny’s Defense Must Ante Up

As Al Sharpton suggests white Marine who killed crazed black man with choke hold as he terrorized a NY subway should be lynched Mississippi Burning-style, key to his defense may turn on whether the “choke” turned into a “hold” while waiting for police. Put common sense aside since any trial will be held in “I Love Social Justice NY No Matter How Goofy the DA & Lib Judges & Juries Are.”

Fox News reports that about 4 minutes of the incident was captured on tape & at one point someone in the crowded train DID yell, “you’re going to kill him.” Then again, Jordan Neely, the deceased & former Michael Jackson impersonator, had been arrested umpteen times for threatening & sometimes assaulting people on subways. Also, others on the train called the accused 24-yr-old Danny Penny a “hero” for having the guts to step in to protect the innocents as he allegedly threatened the racially diverse passengers, including a little girl. True, Penny looks strong enough in pics to handle even a berserk Michael Jackson; but isn’t there some kind of limit in the criminal law on how “gentle” you are supposed to be in protecting the most vulnerable of innocents? Wyatt Earp would probably have clubbed Neely on the head with a Colt 45 & put him in a coma, as he “screamed ‘I don’t care if I have to kill.’”

Yet, let’s not digress. Once charged with manslaughter, Penny’s case DOES raise the mentioned point of having to prove self-defense to justify the killing; i.e., what an average reasonable person in a like situation would be expected to do (or not do). Fox quotes Penny, who says he “prays” ala Sharpton for Neely, as also saying “I was scared. I looked around & I saw older women & children & they were terrified …” His lawyers say Penny put Neely in a “recovery position” & couldn’t have predicted death. On THAT point Penny’s liberty may depend …

Davd Soul