Diogenes
You have insufficient privileges to post facts
Negligence ...for example, someone who fires a gun in the air. They aren't trying to kill someone, but they are showing no regard for the safety of the people around.
It wasn't Penny who brought the proverbial gun into the subway car, it was Neely. Neely is the person who threatened indiscriminate harm to the people in the crowd; Penny stood up to attempt to stop it.
You don't need to convince me. The defense needs to convince at least one juror.