R U sure?
That’s why lawyers make so much.
“R U sure?”
You be the judge.
Under New York law there are different terms used to describe criminal offenses related to causing the death of another person. Murder is defined as killing someone with the intent to do so, while manslaughter is defined as causing someone’s death without the intent to do so. Manslaughter cases involve recklessness, negligence, or heat of passion.
When he was taught to use the choke in the marines, he was warned that keeping it locked in for an extended length of time will cause death through cutting off the oxygen and fuel getting to the brain. And that’s what the coroner determined as according to the time line I saw he had it locked in for between 15 and 20 minutes. Neely, if Penny had applied the hold correctly, would have been unconsious after 8 and most likely before 10 seconds. Penny was taught to losen the hold up at intervals to allow the blood flow which he did not. This is done in training so the hold can be taught safely. The victim of the hold will not come out of unconsciousness in a real world fast enough to fight back. The hold just has to be reapplied to keep him docile. It does not have to be locked in to detain someone, safely, for an extended length of time.
So this is a textbook case of negligent manslaughter which harbors a sentence of up to 15 years. And a person is guilty of manslaughter in the second degree when he recklessly causes the death of another person. So it has nothing to do with intentional or not, just that he caused the death. I don’t write the laws, but that’s what they wrote. And if they are going to follow it, they should have been found guilty.
wy69