Daniel Penny didn't even kill the black hobo on the subway
(www.dailymail.co.uk)
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In their eyes what Penny did was worse: he dared be White and interfere with a negro's whims. However, since that isn't a crime, yet, they are charging Penny with murder instead.
Well for the cops, its less that they give a shit about the negro and more that he tried to take the law in his own hands by standing up for himself.
That's the kind of thing cops, especially NYPD type cops, hate. They are supposed to have the monopoly on violence, control, and defense. Him doing what he did might threaten that.
The NYPD was created to beat the shit out of rioters and make that shithole of a city somewhat attractive for business. Any "protecting and serving" it did for the public is purely coincidental.