The Neely Subway Chokehold Case

Daniel Penny has been found not guilty by a jury in the New York subway case. Neely was causing a disturbance in the subway, terrifying people in his car. Penny, a Marine veteran, used a chokehold procedure he had learned in his military training to subdue the guy. When the guy died, Penny was charegd with manslaughter. The jury did a conscientious job, asking for clarification from the judge on the meanings of reasonable person, recklessness, and negligence.

The case is reminiscent of the famous 1984 case of Bernhard Goetz, who shot four thugs who were trying to rob him in the subway. Goetz was found not guilty of all charges but a minor gun possession charge. Just as I applauded that verdict, so I applaud the Penny verdict. We are constantly exhorted to get off the sidelines and get involved. We are told, "If you see something, say something". We are told, "The only thing necessary for evil to triumph is that good people do nothing". Then Monday morning quarterbcks get involved after-the-fact and criticize those who choose to get involved.