Article 35 of the New York Penal Law outlines when an individual is justified in using physical force in self-defense, or in the defense of others. Under the statute, a person can use the amount of physical force they reasonably believe is necessary to defend themselves or others from what they reasonably believe to be the illegal imminent use of force or the illegal use of force.

Article 35 NY Penal Law - Defense of Justification | NY Laws (ypdcrime.com)

May 1 ,Former Marine Daniel Penny was in a subway car (an increasingly dangerous place to be in NYC) ;along with other passengers . Also on the subway was Jordan Neely ,a deranged dangerous homeless man who had been arrested over 40 times ;and the subject of multiple Emotionally Disturbed Person reports. In one instance he slugged a woman. He got a plea deal.

Neeley was threatening other passengers ;acting erratically, shouting and claiming he had little to live for. “He said, 'I don’t care. I’ll take a bullet, I’ll go to jail’ because he would kill people on the train,” the woman said of Neely. “He said, ‘I would kill a motherf***er. I don’t care. I’ll take a bullet. I’ll go to jail.’”

Jordan Neely chokehold death witness 'praying' for Daniel Penny (nypost.com)

Penny and 2 other passengers decided to restrain Neely .Penny used what it technically called a 'carotid restraint' even though the compliant press is calling it a 'choke hold'. It is a self defense hold often used by police to restrain someone. It does not prevent someone from breathing . Instead it restricts the blood flow .Once the person is restrained the hold is released .
In this case Penny released the hold when Nelly was subdued . He then put him in what is called a recovery position .....not something you would do if the intent is to kill. Passengers came up to Penny and thanked him . Nelly later died at the hospital .To my knowledge no cause of death has been determined .

Nothing would've happened . But BLM took to the streets and subway platforms of the city to mostly peaceful protest. All Out Crazy and the usual suspects like Al Sharpton called for his arrest ;ironically railing against vigilante justice.

Mayor Adams was reserved in his comments .

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“Any loss of life is tragic. There’s a lot we don’t know about what happened here, so I’m going to refrain from commenting further. However, we do know that there were serious mental health issues in play here, which is why our administration has made record investments in providing care to those who need it and getting people of the streets and the subways, and out of dangerous situations. And I need all elected officials and advocacy groups to join us in prioritizing getting people the care they need and not just allowing them to languish.”

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NYC chokehold death on subway sparks protests (pix11.com)

But this situation was not acceptable to the ambitious DA Alvin Braggs.
Without a grand jury and with a history of refusing to bring charges to many crimes ;decided on his own to charge Penny with 2nd degree manslaughter .


Found guilty or innocent ;the charges themselves will likely deter other Good Samaritans from acting.

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However, we do know that there were serious mental health issues in play here, which is why our administration has made record investments in providing care to those who need it and getting people of the streets and the subways, and out of dangerous situations.

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Even in this tragic and dangerous situation, the mayor could not help but pass out the usual, self-serving pabulum about how wonderful his administration is and what a fine job they are doing, Sadly, he did not have the courage to come out and say the man was guilty of nothing and is the kind of person we need more of.

Why didn't someone slip the hungry guy a few bills for food?

You don't typically take someone out for a nice lobster dinner while he is threatening to kill you and to kill others as well. At that point you need a different kind of response.

Tom, if I remember right, it took the police 15 minutes to get to them after they were called. Is it any wonder the people of NYC are beginning to conclude they are pretty much on their own?

I'm sure he wasn't threatening to kill first off. No one was listening to him as he asked for help. We encountered lots of homeless people in Libraryland.

He didn't want a lobster dinner with a stranger as a dining companion.

He wanted money for food. He didn't get it. Their anger came later.

2022 subway crime in NYC rose 30% . Subway ridership had increased post-pandemic. But women have become more fearful of riding with the likes of Neely prowling the subways.

As NYC’s Subway Ridership Rebounds, Some Women Are Reluctant to Return - The New York Times (nytimes.com)

4 of Neely's multiple arrests were for violence including twice punching people in the subway. One of his victims was a 67 year old woman who suffered serious injuries. On February 9, 2023, he did a plea deal and was sentenced to spend 15 months in a mental health facility. He escaped from it 13 days later .An arrest warrant was issued.

Now get this ;3 times after that he had encounters with the NYPD . On one of those encounters he dropped his pants and peed in front of the police. He was never brought in even though they knew there was a warrant out for him.

Now it is fair to say that the liberal governance of the city failed him .That is a given with liberal governance.

When the law fails to protect people from predators it is reasonable for people to defend themselves and others. As I noted already; NY self-defense laws are very clear. Article 35 allows for the use of force if there is a reasonable belief that physical harm to oneself or others may be imminent. Neely threatening other passengers to kill them, throw them out of the subway car, and do so without regard for his own life constitutes a clear and present danger to reasonable people.

Penny was arrested only because social justice warriors like All Out Crazy went on rants.

I find it hilarious that they make a charge of 'systemic racism ' when the Dems have effectively ruled the city for decades. Neely's life was a case study of failed liberal progressive Democrat governance.

Happy Mother's Day, WG.

Attachment 49476

Yes Happy Mother's Day .Especially in these days where motherhood instead of being celebrated is rejected by extreme wokeism. It is sad that one of the hottest political disputes is the debate over whether women exist at all or are they an abstract concept.

Well said, Tom. It's a reflection on the great delusion of our age.

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Originally Posted by jlisenbe

Happy Mother's Day, WG.

Attachment 49476

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Thank you so much, my dear friend and challenger!

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“If you argue that a woman can be traumatized by bawdy humor in the office or awkward come-ons in a bar, surely you would agree that she’s entitled to be fearful when trapped underground on a metal tube with an erratically behaving stranger twice her size.”

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To sum up: a man who reposts an off-colour joke is advertising his innate misogyny, to the point where women should feel uncomfortable sharing a workplace with him. But an agitated and clearly unstable man announcing to a crowded subway car — as Neely reportedly did — that he’s been pushed to the brink and is ready to die, or go to prison for life: why in the world would you find that menacing?

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What kind of woman rides the New York subway? - UnHerd

But from what I've read, that's not how it started. He was just looking for a handout to buy something to eat. The people around him who refused to acknowledge him and help him set him off on his tirade.

Someday I'll tell you the adventure we had in Libraryland when a homeless woman stripped to the skin in the women's washroom and then proceeded to give herself a spongebath at one of the sinks. No lives were lost.

I think vagrancy laws would deal with the problem along with adequate shelter for the homeless. Either way no one has the right to be a threat to the public . Maybe he was being completely peaceful right to the point where he smashed the old lady in the face earlier this year. Aggressive pan handling is also a crime.

Thus, we all need lessons on how to deal with panhandlers and other street people, especially when untreated mental illness is an issue.

i was once driving towards the Lincoln tunnel going to NJ on 39th st, There were teams of panhandlers that would dip a dirty squeegie into dirty water and run it across the windshield of commuters before demanding money . I put on my windshield washers of my car to show I did not need their service. The guy who was about to do my car grabbed and broke my wiper .

It used to be that you could ignore pan handlers and they would move on . No more The panhandlers of NYC prey on the people . Neely more than once threatened commuters . This was the one time someone intervened . I would love to see his toxicology report.

Yes. That is what we need. We need to give 200 million American adults "lessons on how to deal with panhandlers and other street people." No problem.

If pan handling is a legit profession it should be licensed ,and they should file quarterly .

We could give them lessons on how to tear someone's windshield wiper off in one easy motion.

So let me get this straight. During the Me too movement we learned of zero tolerance ;that a bawdy joke told or re-tweeted could get someone disciplined and /or fired . But on a subway a woman must be subject to real abuse from a threatening male. Now creeps like Neely should be placated with a dollar and a granola bar .
A woman should be more fearful of the office dude complementing her dress than a deranged man in an enclosed subway car who has shown many times a tendency towards physical violence.

The more I examine the mindset of the left the less I understand it .

WG's approach seems to be this. The problem is not homeless men who are threatening, cursing, and otherwise making life miserable for others. The problem is that the women on these streets and subways have not been sufficiently trained in order to turn these men into meek and kind housecats. Perhaps we need to start requiring women to take classes in order to become licensed to ride the subways of NY?