“40 prior arrests, including one for smashing the face of a 67 YO woman. If he’d been doing time for his crimes he’d still (probably) be alive. His death is on those who declined to punish him.”
And I am sure that Penny knew nothing of the 40 prior arrests when he put Neely in a chokehold for crazy talk and verbal threats. Under NY law (and the law in most states) deadly force can only be used in response to an imminent threat of death or serious bodily injury. Mere frothing at the mouth and verbal threats do not meet that standard.
It isn’t like Penny shot Neely. He restrained him. Neely may have died as a result of choking or drugs, but Penny did not intend to use deadly force.
The point of my post was that if the justice system had done its job he’d probably be alive, not that the Marine was right or wrong.