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Notes -
https://www.cnn.com/2023/05/12/us/jordan-neely-daniel-penny-new-york-subway-death-charge/index.html
Daniel Penny, a 24-year old Marine, turned himself to police after being charged with 2nd degree manslaughter for the killing of Jordan Neely. It looks like I was initially wrong. I said that drugs may have played a role given that the original NYTs story, which I replied to, from a week ago said that Neely had been choked for only 2-3 minutes and released and was unresponsive. The updated story is that he was choked out for much longer, as long as 15 minutes, which would have def. been lethal, and the video is pretty bad.
So retract my original argument in which I posit drugs played a role. This is why you should always wait until you have all the information before forming an opinion. I didn't think the story would blow up like it did. I just assumed it was some random altercation. The video is why it went so viral. I think Penny is not without some guilt here. Keeping someone in a choke for so long is going to end in death. It's likely Neely was not rendered unconscious near-instantly from blood loss to the brain, such as from a sleeper hold as I assumed from the original story (I assumed Penny put Neely in a hold, and then Neely went limp in 20-30 seconds and did not come back), but far worse, had been suffocated to death, like being held underwater because his windpipe was restricted. That's why he was flailing around. It would have been more humane had Penny just shot him although that would have carried a worse charge.
A second degree manslaughter conviction is not that bad. only max 15 years for killing someone, and with parole Penny may only spend 5 years, which is a pretty lenient sentence for killing a guy, and not even in self defense or accident. By comparison, Ross Ulbricht faces multiple life sentences despite not killing anyone. I cannot say Penny is not without some blame in this matter. But In Penny's defense, the police took too long to come, and despite Marine training he and his accomplices didn't know what else to do.
Only. Only 15 years and a normal-life-ending felony record, for restraining a violent drug-addled mentally-ill person who the government refused to do anything about. If that's what you call "not that bad", what IS "that bad"? Crucifixion?
At some point, people need to live reality on reality's terms and realize that the New York City policy, culture, and values are all pretty clear that being screamed at, threatened, and occasionally assaulted by vagrants is normal and that doing anything about it will result in consequences for the person that interfered with the normal state of affairs. The options for New York City residents are to accept the normalcy of cowering before their moral betters or electing to leave. I have plenty of complaints about the local politics in my area, but the local expectation isn't that lunatics get to berate normal people and ruin public spaces. I would strongly suggest moving to a place like that for anyone in New York that is sick of garbage strewn on the streets and vagrants disrupting their work commute.
I mean, there is another option - take simple steps to anonymize yourself before intervening, and if things go wrong flee the scene. A motivated modern police force can absolutely catch you if they decide to pursue the case, but they have a lot of similarly sad cases on their plates. A single extra "mentally ill vagrant dies in a scuffle he likely started, suspect disappears" isn't going to attract undue law-enforcement resources, and it's going to be suppressed in the media rather than being shouted on the street corners. "Blue-voting city fails its most vulnerable, again" isn't a narrative that pays the bills like "Outgroup member murders innocent in broad daylight", and the boys in blue have even less motivation to track you down in the absence of public outcry.
The downsides I can think of are that if you do get caught you'll be punished more severely, and that certain anonymizing tactics might make you seem like the aggressor and be on the wrong side of further bystander intervention. For the former, I'm not familiar enough with US/NYC law to know how badly, but since it seems probable that Penny is going to jail for a long time, a few more years doesn't seem like a good tradeoff against something like a 90% chance of a clean getaway. For the latter - well, this seems to come up rarely enough that two separate people in a train car being willing to get their hands dirty seems unlikely, and a brawl between unrelated belligerents is less likely to inspire heroics than one-sided harassment.
Any time someone dies they're going to be looking for you. There's a lot of minor crime in New York but not a lot of killing, relatively speaking.
That can work for something like a fistfight. Maybe even if the vagrant is in the hospital but isn't terribly injured. Bodies always have drawn law enforcement attention.
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Not possible using a train/subway system due to CCTV. Even if you went into some toilets and did a full change of clothing and masked up, they would back trace your movements when analyzing footage and probably be able to figure out who you were (height/build). This is in a homicide case anyway where cops are diligent about their investigations. Simple assault and maybe they wouldn't bother.
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