To Act or Not to Act: The Good Samaritan situation

Most people who watch popular news channels are aware of the indictment against Daniel Penny, 24, for second-degree murder by a Manhattan Grand Jury. Daniel Penny subduing Jordan Neely. Photo: Juan Alberto Vazquez/Reuters. Penny determined that Neely was indeed a threat to himself and passengers in the car, so he tackled him. Photo: Juan Alberto Vazquez/Reuters.Penny determined Neely was indeed a threat to himself and passengers in the car, and as he was not carrying a weapon, tackled and physically restrained him. Penny had to wrap his left arm around Neely’s neck and chin in order to restrain him. Other passengers on the train were trying to restrain Neely’s legs and arms. The struggle lasted several minutes before Neely finally stopped struggling. Neely stopped breathing, and then died. There are video clips of the struggle online, but they are difficult to find. Most are just a few moments of Penny’s arm around Neely’s neck and chin. Penny’s defense is going to be based on his training in the Marine Corps and any other hand-to-hand training he has received. If he can prove that he was trained in controlling combative individuals by controlling the head and knew the differences between a nonlethal choke hold and a deadly control hold, he will be well on his path to convincing the jury that he did not use deadly force. The medical condition called excited delirium can lead to death if an individual has fought or struggled for a long time. If drugs are in the bloodstream of the individual, the life can be shut down immediately. We will have to wait and see if this was the case. How could this situation be prevented?First of all, if Penny had not acted, he would not be in jail waiting for trial. Many witnesses reported feeling relieved after Penny took action. These people should be willing come to court and give testimony about Neely’s behavior. The jury will be able connect the dots, even though they won’t be in a position to say that Penny’s actions were justified. Penny, on the other hand, was the only person who felt the threat was enough to act or had the courage to act. This fact could work against him. When I watched the video, I did not see that level. It is not usual to use deadly force on an unarmed person without substantial evidence that it was justified. Penny, however, has stated in press statements made before the indictment that he did not intend to kill Neely and that he did not think that his use of force was going to do so. There are many things to consider and I will try to summarize them. Penny used force to subdue Neely because he was threatening other passengers in the subway. Penny placed Neely face down on the ground, with his arm around his neck and head. Others joined in to control Neely’s limbs. The defense will likely use experts in the use and application of force to convince the jury of Neely’s tragic death, possibly caused by drugs or the phenomenon known as excited delirium. It will be interesting to see how this one plays out. Editor’s Note: This original article appeared in the October 20, 2023 issue Gun Digest the magazine. Know Your Rights: Dive into precision shooting with our exclusive MOA targets featuring DOT drills. These targets are perfect for handgun and rifle enthusiasts. They are designed to be accurate, especially for long range shots.