The potential criminal charges against a U.S. Marine veteran who put Jordan Neely in a fatal chokehold aboard a New York City subway train might depend on whether a “reasonable” New Yorker would have acted similarly.
Neely, a locally-known Michael Jackson impersonator who friends say suffered from worsening mental health, died Monday when a fellow rider pulled him to the floor and pinned him with a hold taught in combat training.
“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death,” said his lawyers, Thomas Kenniff and Steven Raiser. “Suppose the Marine says, ‘I honest to God thought I had no choice but to save someone,’ the question would be whether an objectively reasonable person in his circumstances would have felt the same,” Bederow said. by the state’s highest court in 1986, in response to Bernhard Goetz’s shooting of four teenagers aboard a subway, an infamous case that has drawn comparisons to Neely’s death.
In a statement Friday, Penny’s lawyers didn’t offer details of what happened, other than to say that “when Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived.” Walter Signorelli, a former NYPD inspector and professor at John Jay College, said he was uncertain charges would be filed, given the apparent fear among riders in response to Neely’s behavior. If the case went to trial, he said a jury could empathize with the defendant.
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