nathan and could have been a random person. and that by the time states is done with its case you won t be able to know who did the crime, they just don t have evidence. it s a pretty good strategy. yes. it s the only strategy. this wasn t a self-defense case. and it was an insanity case. no. it had to be somebody else. make sense, again did he have blood, no, dna? no. what they had in their pocket, my star witness is the boyfriend who we knew the girlfriend was thinking about breaking up with who happened to be obsessed with knives and oh, by the way he is appearing online in a ninja costume for heaven sakes. when he was cross-examined by the defense they left out the picture with him with the mask on up on the screen. you worry a little bit, i would think? and that just happens to be how young women tend to die, they
penny has been out to bond. outfront now, john miller, our chief law enforcement, and intelligence analyst breaking this reporting for us tonight, along with paul martin, criminal defense attorney and former prosecutor. john, i know you ve been talking to a lot of people who know exactly what s happening here. what more are you learning about the charges penny faces? so the charges, manslaughter in the second degree, and that charge requires them to go into court and prove that he recklessly caused the death of another, and the reckless is defined as something that he did in this choke hold that a reasonable person would ve known could ve had a substantial risk of leading to the death of another. of course, from daniel penny s standpoint, his lawyer has called this a self-defense case. they re going to have to battle that out. paul, prosecutors are saying the incident, quote, and here s how they describe it. at some point mr. neely stopped moving, the defendant continued to hol
with the transit system. did he specify why he thought he needed a gun in the first place? there has been a long-standing history of violent events in the cat system and mr. fuller appreciated the events, including the death of a bus driver, ethan rivera, not long ago. he understood importance of protecting himself in event of a violent situation and was aware of incidents that have occurred to those in the system. ashley: he did lose his job. my understanding, he has not been charged with anything. is this self-defense case? thankfully he has not been charged at this point. he is looking to pursue benefits he might be entitled to relative
if i go to prison the rest of my life and the passengers actually have said that they interpreted that to mean well, when would you go to prison for the rest of your life if you kill somebody, so, everybody got the message. john: what are your thoughts on this? obviously penny thought this guy is a threat, i m going to use my military training to restrain him. unfortunately the restraint appeared to go too far. don t know contributing experiences, or the toxicology report, what do you think of this? not everyone has answer to, a lot of people need to cool down the rhetoric when they talk about the case. one of the key factors in the self-defense case is the reasonableness of the perception of fear on the person who used force. you can get a sense of what the other passengers in the same space felt in that moment. if through 911 call transcripts or through statements made to police it turns out that the people who were actually riding that train felt that neely was a
he took a good statesman-like attitude. he seemed to be saying, okay, let the system play out, and what would that have meant? a case like this that is a tough call where you have a very clear justification defense, in other words a self-defense case, right? yep. you have to balance the two sides of what occurred. you let the grand jury decide, a jury of daniel penny s peers. no. couldn t happen because a bunch of blm and antifa-wanna bees jumped on to the subway tracks and everybody got the trembles and aoc puts out a few tweets and then the grand jury process goes away. i can tell you this, the nypd was ordered to do this. there is no way the nypd steps forward before the grand jury and on their own goes out and arrests daniel neely. what does that tell stphu. they do that from who? the mayor. that s who the pd reports to is the mayor of the city. so what you have here, clearly