Reply to Homeless Man Killed by Fellow Passenger on NYC Subway

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[quote=Anonymous][quote=Anonymous]Here’s the thing: even if Neely had punched someone in the face, Penny would still be facing charges and likely get convicted.

Why? Because Penny’s use of force was disproportionate. Neely was subdued on the ground by 3 adult men and Penny continued to choke him until the life liquidated out of Neely’s orifices.

Those are the gruel facts. A claim of self-defense or defense of others has to be proportionate to immediacy and severity of the threat at hand. Once again, you can’t kill someone because of “bad vibes.” It doesn’t work like that.[/quote]

Here's the thing though, someone who has punched multiple people in the face, breaking bones, and has pushed a person in front of a train and attempted to kidnap a 7 year old, is not just a danger.  Was Penny's use of force disproportionate?  No.  A punch to the face, unlike in the movies, can and does cause lifelong injuries, or worse.  Even when you're not 67 years old.  Life isn't the movies, Neely wasn't harmless.  He wasn't just groping people, he was causing serious bodily injury to others, unprovoked, multiple times.  He was in violation of his parole for the last time he punched a woman, a senior.

A claim of self-defense or defense of others has to be proportionate.  Neely was a severe threat.  [/quote]

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