Daniel Penny found not guilty
(twitter.com)
You're viewing a single comment thread. View all comments, or full comment thread.
Comments (61)
sorted by:
I don't understand the criminally negligent homicide charge at all.
That's like when you fuck up so badly doing something otherwise safe that you kill someone. Like, say, you leave your car in neutral without the parking brake and it rolls down a hill and runs over someone. That's potentially criminal negligence.
Two people fighting and one of them dies is the very definition of "involuntary manslaughter." You did something potentially dangerous and someone actually died because of it. If you're restraining someone and they (don't, but we'll pretend that Neeley did) die, it doesn't even make sense to accuse him of being "negligent." What did he "neglect" to do during the struggle? Ask for his consent?
So in this case, it actually makes sense to me that they could deadlock on manslaughter but dismiss criminal negligence because the negligence charge makes no sense whatsoever.
Like holding someone down on the floor until the cops arrive? The point is, whatever facts lead you to dismiss this, must necessarily lead you to dismiss the larger charge. The subtlety is the prosecution is not allowed to present two different theories but they can present two different charges.
So the jury is confused or they felt the Allen charge was annoying and someone changed their mind.
That's not "negligence" though. You didn't answer my question of, "what did he 'neglect' to do?" Negligence is something you fail to do, not something you did.
If you shoot someone intentionally, you aren't charged with "criminal negligence." You're charged with murder. (and then maybe acquitted for self defense)
The dindu was alive after Penny released him. He died of a drug OD later.