Manslaughter charge dismissed in Daniel Penny trial, jury to consider negligent homicide charge

Althea said:
Allowing Penny to skate opens a dangerous door. I'm sure you remember the original subway vigilante Goetz.
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I think there were very apparent differences in the facts and circumstances surrounding those two incidents.

I believe Goetz obtained then carried a gun onto the subway then went hunting for thugs with the intention of going Charles Bronson on them. (See the Death Wish pentalogy)

Penny just happened to be present and reacted to a dangerous situation that was caused by Neely.

Althea said:
He was eventually convicted for the illegal handgun, but acquitted on the charges related to murder. He couldn't keep his big mouth shut though, and rode the wave of public opinion.

His bragging ultimately cost him in the civil suit. I suspect the same will happen here. Whereas a jury might not consider Penny a criminal, he was negligent in his actions.
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I would think/hope that if some criminal coddling civil jury awards damages to whichever money grabbers might sue on behalf of Neely, Penny's defense would cite contributory neglegence by Neely, inasmuch as his own negligent actions put him in the position he ended up in to begin with.
 
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