“Penny took it upon himself to restrain a loud obnoxious man. He accidentally killed the man in the process.”
Because Neely served notice that he intended to harm someone “and you have no idea he wouldn’t have” so self defense was justified. Neely could’ve surrendered to the Marine and waited for the police without struggle, but instead he chose to continue to struggle which resulted in his death. I personally witnessed one of these mentally ill monsters throw a large metal object down the stairs of a subway entrance when I was working in New York, nearly missing a woman’s head. Same thing, the perpetrator was walking around making threats but in this case the police in the area didn’t restrain him. The result of that was he nearly killed someone. The Marine performed a public service and is deserving of a full acquittal, and Neely has himself to blame for his death.
ScottfromNJ - you are correct.