Anonymous wrote:Society has basically washed its hands of dealing with violent mentally ill and homeless people, and individuals are left to defend themselves. In this new paradigm, the homeless and mentally ill cannot be locked up, but if you misjudge a situation and hurt them, you will go to jail. I'm sure the Marine will go to jail. But if the situation were reversed and the mentally ill man killed the Marine, no one would be talking about this at all. We are a truly sick society.

Anonymous wrote:

Anonymous wrote:A different former prosecutor here, I have watched the video and I think the former Marine gets convicted of whatever form of homicide he is properly charged with. He choked the guy several minutes beyond the guy going limp and unresponsive, while bystanders filmed and urged him to let go. The case is almost exactly the same as Floyd, the only difference being that while Floyd barely made any trouble for police this guy was apparently yelling for food and water. Nobody there knew his arrest history it cannot possibly be relevant to whether the Marine’s actions were justified - they were not justified to the level that he took them. Whether the Marine has PTSD or we find out he has other history that might explain his motivation to choke the guy much longer than necessary only time will tell.

I can’t help thinking what might have happened if someone on that train just offered the guy a water bottle and the lunch or snack they had in their bag.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:A different former prosecutor here, I have watched the video and I think the former Marine gets convicted of whatever form of homicide he is properly charged with. He choked the guy several minutes beyond the guy going limp and unresponsive, while bystanders filmed and urged him to let go. The case is almost exactly the same as Floyd, the only difference being that while Floyd barely made any trouble for police this guy was apparently yelling for food and water. Nobody there knew his arrest history it cannot possibly be relevant to whether the Marine’s actions were justified - they were not justified to the level that he took them. Whether the Marine has PTSD or we find out he has other history that might explain his motivation to choke the guy much longer than necessary only time will tell.

I can’t help thinking what might have happened if someone on that train just offered the guy a water bottle and the lunch or snack they had in their bag.

You’re not a prosecutor. If someone offered him water, the response may very well have been him unleashing a torrent of verbal and/or physical abuse on him.

So really there was no choice but to kill him.

I can’t help thinking what might have happened if someone on that train just offered the guy a water bottle

Anonymous wrote:I would convict based on the video and witness accounts so far.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:A different former prosecutor here, I have watched the video and I think the former Marine gets convicted of whatever form of homicide he is properly charged with. He choked the guy several minutes beyond the guy going limp and unresponsive, while bystanders filmed and urged him to let go. The case is almost exactly the same as Floyd, the only difference being that while Floyd barely made any trouble for police this guy was apparently yelling for food and water. Nobody there knew his arrest history it cannot possibly be relevant to whether the Marine’s actions were justified - they were not justified to the level that he took them. Whether the Marine has PTSD or we find out he has other history that might explain his motivation to choke the guy much longer than necessary only time will tell.

I can’t help thinking what might have happened if someone on that train just offered the guy a water bottle and the lunch or snack they had in their bag.

You’re not a prosecutor. If someone offered him water, the response may very well have been him unleashing a torrent of verbal and/or physical abuse on him.

So really there was no choice but to kill him.

Physical abuse = possible blinding, from past experience...

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:A different former prosecutor here, I have watched the video and I think the former Marine gets convicted of whatever form of homicide he is properly charged with. He choked the guy several minutes beyond the guy going limp and unresponsive, while bystanders filmed and urged him to let go. The case is almost exactly the same as Floyd, the only difference being that while Floyd barely made any trouble for police this guy was apparently yelling for food and water. Nobody there knew his arrest history it cannot possibly be relevant to whether the Marine’s actions were justified - they were not justified to the level that he took them. Whether the Marine has PTSD or we find out he has other history that might explain his motivation to choke the guy much longer than necessary only time will tell.

I can’t help thinking what might have happened if someone on that train just offered the guy a water bottle and the lunch or snack they had in their bag.

You’re not a prosecutor. If someone offered him water, the response may very well have been him unleashing a torrent of verbal and/or physical abuse on him.

So really there was no choice but to kill him.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:A different former prosecutor here, I have watched the video and I think the former Marine gets convicted of whatever form of homicide he is properly charged with. He choked the guy several minutes beyond the guy going limp and unresponsive, while bystanders filmed and urged him to let go. The case is almost exactly the same as Floyd, the only difference being that while Floyd barely made any trouble for police this guy was apparently yelling for food and water. Nobody there knew his arrest history it cannot possibly be relevant to whether the Marine’s actions were justified - they were not justified to the level that he took them. Whether the Marine has PTSD or we find out he has other history that might explain his motivation to choke the guy much longer than necessary only time will tell.

I can’t help thinking what might have happened if someone on that train just offered the guy a water bottle and the lunch or snack they had in their bag.

You’re not a prosecutor. If someone offered him water, the response may very well have been him unleashing a torrent of verbal and/or physical abuse on him.

Anonymous wrote:A different former prosecutor here, I have watched the video and I think the former Marine gets convicted of whatever form of homicide he is properly charged with. He choked the guy several minutes beyond the guy going limp and unresponsive, while bystanders filmed and urged him to let go. The case is almost exactly the same as Floyd, the only difference being that while Floyd barely made any trouble for police this guy was apparently yelling for food and water. Nobody there knew his arrest history it cannot possibly be relevant to whether the Marine’s actions were justified - they were not justified to the level that he took them. Whether the Marine has PTSD or we find out he has other history that might explain his motivation to choke the guy much longer than necessary only time will tell.

I can’t help thinking what might have happened if someone on that train just offered the guy a water bottle and the lunch or snack they had in their bag.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The video is pretty bad. The marine continues the chokehold for quite a while after Neely goes limp and another bystander warns him that he has defecated on himself and is likely to die soon.

I'm not a lawyer and wondering if prosecutor can argue that prolonging the chokehold when person has lost consciousness and is not resisting can be seen as intent to kill and no longer self defense.

Might have been a Law and Order episode.

Former prosecutor here, and this is what will be argued if he is charged and tried. The criminal act wasn’t the chokehold itself, it was continuing it after the person was no longer resisting or conscious. Even with that approach, getting a conviction in this case will be extremely difficult.

Make the jury sit there for 15 minutes to see how long it is choking someone out who stopped resisting after 2 minutes. I would think the conviction would be pretty easy. This was an over the top reaction to a typical mentally ill person on the subway. Something is wrong with that ex-marine.

Not if I’m on the jury.

Anonymous wrote:A different former prosecutor here, I have watched the video and I think the former Marine gets convicted of whatever form of homicide he is properly charged with. He choked the guy several minutes beyond the guy going limp and unresponsive, while bystanders filmed and urged him to let go. The case is almost exactly the same as Floyd, the only difference being that while Floyd barely made any trouble for police this guy was apparently yelling for food and water. Nobody there knew his arrest history it cannot possibly be relevant to whether the Marine’s actions were justified - they were not justified to the level that he took them. Whether the Marine has PTSD or we find out he has other history that might explain his motivation to choke the guy much longer than necessary only time will tell.

I can’t help thinking what might have happened if someone on that train just offered the guy a water bottle and the lunch or snack they had in their bag.