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A charge of second degree manslaughter or criminally negligent homicide was most likely, he said. It is unclear why either Penny, or two other men who can be seen on the video helping to restrain Neely, decided to act.īederow predicted Manhattan District Attorney Alvin Bragg may choose to bring the case before a grand jury, a process sometimes used in controversial or complex cases. The most common response is to simply ignore it or move to a different car. Most people who ride the subway system have had occasional uncomfortable encounters with people who shout or behave in unsettling ways, but pose no danger to anyone. Neely’s killing has set off an emotionally-charged debate in New York about compassion and mental illness.

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A jury ultimately acquitted Goetz of attempted murder but convicted him of carrying an unlicensed handgun. Goetz said he thought he was being robbed. In 1984, Geotz, who was white, shot four young Black men after one of them asked him for $5. The interpretation of that statute was last clarified by the state’s highest court in 1986, in response to Bernhard Goetz’s shooting of four teenagers aboard a subway, an infamous case that has drawn comparisons to Neely’s death. “Suppose the Marine says, ‘I honest to God thought I had no choice but to save someone,’ the question would be whether an objectively reasonable person in his circumstances would have felt the same,” Bederow said. Under New York’s penal code, a person who uses deadly force must not only prove that they feared for their own life or someone else’s, but that any reasonable person would have felt the same way.











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