118 Daniel Penny didn't even kill the black hobo on the subway (www.dailymail.co.uk) posted 1 year ago by zakat 1 year ago by zakat +118 / -0 Daniel Penny court bombshell as bodycam shows victim 'still had pulse' Penny, then 24, is accused of killing Neely by putting him in what prosecutors say was a fatal chokehold. 35 comments share 35 comments share save hide report block hide replies
It shows a lack of mens rea and pre-meditation; the prosecutor is assuming both of these things for the murder charge Penny is facing.