“Making death treats is legally distinguishable from an imminent threat of death or serious bodily harm. If merely yelling “I’m going to kill you” is enough of a threat to justify the use of deadly force, then then there should be hundreds of thousands of dead parents every day (i.e., “if you do that again Johnny I’m going to kill you”).”
I hope you’re intelligent enough to differentiate between a maniac on a subway and a parent venting.
Making threats no matter how ugly they are or what location they’re made does Not justify the use of deadly force.
Penny had no idea what Neely has done in the past and his numerous arrest.
Neely never touched anyone on that train.
Penny took it upon himself to restrain a loud obnoxious man.
He accidentally killed the man in the process.
That’s called manslaughter.
If you pulled out a pistol and shot Neely in the leg so as not to kill him but stop his behavior and he bleeds to death because the bullet hit his femoral artery…..it’s the same thing. You committed manslaughter.
Penny had no legitimate reason to even lay hands on Neely.
If Penny punched Neely in the mouth, and that was it…..it’s still assault and battery.
“I hope you’re intelligent enough to differentiate between a maniac on a subway and a parent venting.”
I assume you would say the same about Justice Thomas, Justice Alito, and the other members of the SCOTUS, who used a similar analogy in questioning counsel during a recent oral argument challenging a Colorado law the criminalizes certain types of threatening speech as violating the 1st Amendment. Here is a link to the transcript (you might learn something): https://www.supremecourt.gov/oral_arguments/argument_transcripts/2022/22-138_8759.pdf