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Me andmi
Nate The Lawyer
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Comments by "Me andmi" (@629Justme) on "The BLACK Daniel Penny | Similar Story, Different Outcome" video.
@emeraldkaysgarden I never heard the "race hustler" POV. I did (im a new yorker) hear that penny held him in choke hold for 6 minutes. This is past the time where an assumed threat is supposed to be an issue. 5 minutes past. Since he was an ex marine he knew this. It was accidental but yet it happened. When the guys girlfriend got slapped, an actual assault and battery occurred. This escalated the incident into one where its "legal" to use deadly force to protect your family. You may want to ignore the differences and see it as race hustling but penny was actually allowed to walk away after giving his POV. It was only after more facts came in was he arrested 10 days later. Not race hustling and different situations.
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@Ken-j2u slapping is a physical assault and since it was his girlfriend the chances of him just walking away is extremely slight. Guys have to protect theirs - its the neanderthal in most of us.
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@FirstNameLastName-m3e Not sure what side you are on but my statement was that once his girlfriend was struck, the situation escalated from assault to assault and battery. This means he could now protect his Gf by the mean he had at hand. Had he never struck her, it would have been different.
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@FirstNameLastName-m3e Also not a lawyer but a response to an attack that MAY get to lethal, you can use whatever force that is necessary to stop the attack. Its tough in this climate as citizens are sometimes held to higher standards than "trained to understand the difference" peace officers. Its based on you dont know what will come next after the initial slap. If humans were totally predictable than a slap equals a slap. Humans aren't that reliable.
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After an actual assault and battery the legalities change. If the guy never slapped his gf, he would likely been in the same situation as penny minus the going home first to be arrested later. Penny was arrested 11 days after the incident after the facts came in. This is important. It seemed at first it may have been protecting himself from assault. But then it became manslaughter afterwards. IMHO, it wasnt because he was whyte. It was because in the other case his family member was actually hit/slapped/punched. There isnt a way to say excessive force that led to a persons manslaughter because the threat was proven. As much as some want to, assault many times leads to nothing done. For example everybody here calling some other poster/commentator an a*hole or make it seem like they want to hurt them with words: thats assault. Thus the difference in the two cases. How many of yall have said something that can be taken as assault? How many will change their words if they have a reply now that I pointed that out?
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