Former Marine charged with in NYC Subway Homicide – Was it self-defense, defense of others, manslaughter, or murder?
A former US Marine, Daniel Penny, is charged with manslaughter after he allegedly killed a homeless man on the NYC subway. According to the incident report the deceased man, Jordan Neely, was acting in a violent manner but right now there appears to be no evidence indicating that he specifically threatened to do harm to anyone including Mr. Penny, a Long Island, New York Native.
Penny’s defense lawyer, however, claims that there are a number of witnesses who will support Penny’s claim that he was acting in self defense and defense of others. There is video that show Penny holding Neely in the choke hold. According to prosecutors, Penny continued to apply the choke hold Neely after the train stopped, and after Neely stopped moving. The video also shows a second and third man also trying to restrain Neely after Penny took him to the ground.
What is a homicide?
What is Murder?
Homicide is defined as the unlawful killing of one person by another person. Within homicide there are subcategories including. Murder of (in) the first degree is defined as the intentional killing of another person with premeditation and deliberation. This exposes a person to life sentence without parole.
Murder in the second degree is considered all other murder in New York State. Unlike Pennsylvania, New York does not have Murder in the 3rd Degree Murder of the third degree, however, is all other murders in Pennsylvania. New Jersey doesn’t specifically divide Murder into degrees but classifies murder based on the circumstances
What is manslaughter?
Voluntary manslaughter is the intentional killing of another without lawful justification. Voluntary manslaughter is often referred to as imperfect self-defense (justification). It is where a person acts with the intent to kill another person because that person believes that his/her life or the life of another is at risk or they or another are at risk of serious bodily injury. Manslaughter is much less serious in New York, Pennsylvania and New Jersey. Unlike murder, a person charged and convicted of manslaughter in the second degree in New York faces up to 15 years in prison.
How would I defend Daniel Penny?
It is, however, too early to determine where this case will go. Mr. Penny, however, is sitting for interviews with members of the press which I believe is mistake. All of the statements he is making right now are admissible in court. This means that the prosecution can use these statements against him. If I was representing Penny I would advise him not to speak to anyone but his lawyer about the case especially members of the press! It is unknown at this point if Penny is following his criminal defense lawyer’s advice on acting on his own in meeting with the press for interviews.
Our criminal defense law firm will continue to provide updates and use this case as an example to explain your rights under our constitution.
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